(Ord. No. 2011-37 § 10)

(A)

Purpose

The purposes of Article 14-8 are to:

(1)

provide proper standards that ensure a high quality appearance of the Santa Fe area and promote good design while also allowing individuality, creativity and artistic expression;

(2)

encourage the proper use of the land by promoting an appropriate balance between the built environment and the preservation of open space and natural environmental resources;

(3)

protect private and public investment through preservation of open space, protection of natural resources, including the existing tree canopy; providing buffers between incompatible uses and along roadways; and encouraging the planting of appropriate vegetation;

(4)

preserve and protect the identity and character of Santa Fe, and enhance the business economy; and

(5)

promote water conservation and efficiency through preserving natural areas, encourage good soil management and encourage the use of native or drought tolerant plant materials.

(6)

ensure compliance with the city's obligations to the U.S. Environmental Protection Agency (EPA) as a National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Phase II permittee.

(B)

Applicability

Unless otherwise noted, the requirements of this article apply to all land development activity covered under Chapter 14.

(Ord. No. 2011-37 § 10)

(A)

Purpose

The purpose of this Section 14-8.2 is to protect, maintain and enhance the health, safety and general welfare of the citizens and natural environment of Santa Fe. The following considerations shall be used during the design and planning process for all proposed developments subject to this Section 14-8.2:

(1)

ensure sound and orderly development of the natural terrain;

(2)

protect life and property from the dangers of flooding and the hazard of improper cuts and fills;

(3)

minimize erosion and sedimentation;

(4)

minimize destruction of the natural landscape;

(5)

protect the scenic character of Santa Fe from the visual blight of indiscriminate cuts and fills and vegetation removal resulting from extensive grading and utility scars;

(6)

treat stormwater runoff as a valuable natural resource in Santa Fe, a community that is prone to drought, by encouraging water collection and infiltration on site;

(7)

control the adverse impacts associated with accelerated stormwater runoff on natural drainage ways and all structures due to increased development and impervious surfaces;

(8)

minimize erosion and degradation of arroyo channels and improve the condition of the channels where possible;

(9)

respect, protect, maintain and restore natural drainageways, wetlands, bosques, floodplains, steep slopes, riparian vegetation and wildlife habitat areas;

(10)

prevent stormwater runoff from entering or damaging acequias or other irrigation facilities;

(11)

integrate stormwater management measures into the landscape and site planning process as set forth in Section 14-8.4 (Landscape and Site Design);

(12)

provide aesthetically pleasing solutions to stormwater management and erosion control measures by integrating measures into the overall landscape and site design; and

(13)

promote improved water quality through compliance with the EPA NPDES MS4 permit and Construction General Permit (CGP).

(B)

Applicability

(1)

Minimum Standards and Submittal Requirements

(a)

Minimum standards and submittal requirements for terrain and stormwater management are based on the type of project and all projects shall meet the minimum standards in Subsection 14-8.2(D) (Standards for All Grading).

(b)

Projects for which a construction permit for grading is required by Section 14-3.10(E) (Development in Special Flood Hazard Areas) shall also meet the applicable minimum standards and submittal requirements in Subsection 14-8.2(E) for minor development or Subsection 14-8.2(F) for all other development.

(c)

Master plan, preliminary development plan and preliminary subdivision platapplications shall also meet the minimum standards and submittal requirements in Subsection 14-8.2(G).

(d)

Final development plan and subdivision platapplications shall also meet the requirements in Subsection 14-8.2(H).

(e)

All city departments that implement construction projects shall comply with the objectives, intent and minimum standards of this Section 14-8.2.

(2)

Exemptions

A development is exempt from the requirements of this Section 14-8.2 if it meets the following conditions:

(a)

less than two hundred fifty (250) square feet of total land area is disturbed;

(b)

no slopes greater than ten percent are disturbed;

(c)

existing drainage patterns on the property are not changed in a way that would increase the amount of stormwater runoff leaving the property or cause significant change to on-site drainage patterns as determined by the city engineer, and

(d)

adequate erosion control is provided.

(3)

Alternate Means of Compliance

Applicants may propose alternatives to standard stormwater management techniques, so long as these alternatives allow the project to meet the minimum standards and general requirements of this Section 14-8.2. Alternative techniques may be proposed that achieve improved environmental performance, including reduced stormwater runoff, increased infiltration, reduced sedimentation and erosion, and for aesthetic purposes. Proposals for alternative compliance to standard stormwater management techniques are subject to review and approval of the city engineer in writing, stating the basis for such a waiver.

(C)

Procedures and General Requirements

(1)

The city engineer may determine the following:

(a)

the completeness of all required terrain and stormwater management submittals;

(b)

compliance with all minimum standards;

(c)

the acceptability of all proposed erosion control and stormwater management methods; and

(d)

the need for additional information or written approval in order to determine compliance with the purposes, intent and minimum standards of this Section 14-8.2.

(2)

The preparation of submittals shall be as provided in this Subsection 14-8.2(C)(2) and in accordance with the provisions of Chapter 61 NMSA 1978 (Professional and Occupational Licensing) regulating the practice of architecture, landscape architecture, engineering and land surveying. (Ord. No. 2013-16 § 44)

(a)

Grading submittals for minor development or for grading incidental to the construction or modification of a structure may be prepared by any person, including the homeowner, who has the legal authority to design the structure; however, the city engineer may require that submittals be prepared and signed by a professional engineer, architect, professional land surveyor or landscape architect licensed in New Mexico if necessary to fulfill the requirements of this Section 14-8.2, Chapter 61 NMSA 1978 or applicable regulations;

(b)

Submittals for development other than minor development or incidental to the construction or modification of a structure shall be prepared as follows:

(i)

topographic plans shall be prepared and certified by a professional engineer or professional land surveyor;

(ii)

stormwater management submittals for master plans, subdivisions and development plans shall be prepared and certified by a professional engineer. Stormwater management submittals for all other types of development shall be prepared by a professional engineer or an architect or landscape architect registered in New Mexico; and

(iii)

site restoration submittals shall be prepared and certified by a professional engineer, architect or landscape architect licensed in New Mexico.

(3)

No certificate of occupancy or any type of final construction approval shall be issued by the city unless a parcel is in full compliance with the requirements of this Section 14-8.2 and all inspections have been conducted as described in this Section 14-8.2.

(4)

Activities permitted pursuant to this Section 14-8.2 may also require notification or permitting by other agencies, including written approval from the Acequia Madre de Santa Fe community acequia association or other official watercourse-related entity, the EPA, the United States army corps of engineers, the federal emergency management agency (FEMA) and the New Mexico Department of Environment. It is the responsibility of each applicant to determine whether additional notification or permitting is required.

(5)

All inspections shall be documented in written form, shall be made available to the city engineer or code enforcement officer upon request.

(D)

Standards for All Grading

When a construction permit for grading is required by this Section 14-8.2, applications for the permit shall show compliance with the following minimum standards:

(1)

Cut and Fill Slopes

(a)

exposed cut slopes on a site shall not exceed ten (10) feet in height, except as otherwise permitted by this Section 14-8.2. In no case shall the height of a cut exceed the height of any building constructed in the excavated area; (Ord. No. 2013-16 § 45)

(b)

fillslopes on a site shall not exceed fifteen (15) feet in height. Retaining walls for fillslopes shall be no greater than six (6) feet in height as provided in Section 14-8.5(B)(1), except as otherwise provided in Section 14-5.6(G) (Escarpment Overlay District Landscaping). Fillslopes shall be no steeper than 3:1, unless a structural alternative such as a retaining wall or some other measure acceptable to the city engineer is provided;

(c)

cut or fillslopes for roads shall not exceed fifteen (15) feet in height; and

(d)

all cutslopes that are not stabilized by a retaining wall or some other measure acceptable to the city engineer, shall be no steeper than 2:1, unless a structural alternative is provided or unless it can be demonstrated by a geotechnical study that existing soils will naturally accommodate a steeper slope and acceptable revegetation or other erosion control can be achieved.

(2)

Grading

(a)

Grading for buildings is limited to fifteen (15) feet beyond the outer edge of the building foundation, patio, wall, driveway, road, parking area or other constructed facility except as necessary:

(i)

for the construction of stormwater runoff management measures in compliance with this Section 14-8.2; or

(ii)

to accommodate required horizontal to vertical measurements for cut and fillslopes.

(b)

Natural slopes thirty percent or greater shall remain undisturbed, except for arroyo crossings and for no more than three isolated occurrences of sloped areas where each individual disturbance shall not exceed one thousand (1,000) square feet, as approved by the city engineer. The city engineer may waive this provision, in writing, stating the reasons and basis for such approval, if evidence is provided by the applicant showing that strict enforcement of this provision would prohibit access to the lot or placement of utilities. This provision applies solely to the construction of roads, driveways and utility placement and is not intended to allow development on natural slopes exceeding thirty percent. The other provisions of the escarpment overlay district ordinance and the terrain and stormwater management regulations shall remain in effect.

(c)

Phasing for grading and clearing may be required by the city engineer on all sites where construction will not begin immediately after clearing and grading;

(d)

A construction permit for grading for driveway construction shall not be issued unless the city engineer has first determined that the driveway provides access to a buildable area as defined in Subsection 14-8.2(D)(3) and that the permit complies with the requirements of Section 14-5.6 (Escarpment Overlay District); and

(e)

All grading completed on the site shall conform to the approved grading plan.

(f)

The land use director may grant an application submitted to the building division of the planning and land use department for a preliminary clearing and grubbing permit or a limited grading permit, allowing for work authorized under such permit solely at the risk of the owner while an application for an associated permit for comprehensive grading and drainage or landscape and utilities is pending.

(g)

Under emergency circumstances, the land use director may issue an emergency grading at owner's risk permit prior to the submission of an application. A permit issued under this subparagraph shall expire twelve (12) months after issuance with no allowance for extensions.

(3)

Topography

(Ord. No. 2014-31 § 28; Ord. #2020-22, § 16; Ord. #2020-23, § 6)

(a)

Each residentiallot shall have a buildable site designated as suitable for a building with a footprint of not less than forty percent of the minimum required net lot area or two thousand (2,000) square feet, whichever is less, which can be developed in accordance with the terrain and stormwater management standards and with other applicable development standards, including required setbacks and access requirements. The planning commission or the land use director for summary plats or resubdivisions, may approve residential lots with a smaller buildable site to accommodate lot size averaging or within multi-family developments.

(b)

At least one-half of the area designated as suitable for building and at least one-half of any building footprint shall have a natural slope of less than twenty percent; the remainder of the area or building footprint may have a natural slope of twenty percent or greater, but less than thirty percent.

(c)

The first floor finished floor elevation at any point of any portion of a building built on a natural slope of twenty percent or greater shall not exceed five (5) vertical feet above the natural slope at that point.

(d)

A structure shall not be built on a natural slope of thirty percent or greater.

(4)

Stormwater Management

(a)

General Standards:

(i)

stormwater management measures shall be selected to best accommodate the specific geologic, hydrologic and topographic features of the land to be developed;

(ii)

stormwater management measures shall be designed as both a comprehensive and integral part of the development;

(iii)

stormwater management measures shall be designed to directly address additional flows from the proposed development. Compliance with these standards shall not be achieved solely by alterations to flows upstream of a proposed development; and

(iv)

stormwater management plans may be designed to incorporate measures that are shared by two or more developments; provided that the measures comply with the minimum standards of this Section 14-8.2, including provision of an enforceable legal agreement for construction and maintenance.

(b)

Discharge Standards:

(i)

except as otherwise required by this Section 14-8.2, the stormwater runoff peak flow rate discharged from a site shall not exceed pre-development conditions for any frequency storm event up to the one percent chance, twenty-four-hour storm event at each discharge point;

(ii)

runoff control measures may include the use of detention or retention basins and active water harvesting and passive water harvesting techniques, swales, berms, check dams, vegetative ground cover, permeable pavements, tree wells, dry wells, cisterns and other techniques appropriate for retaining and infiltrating water on site;

(iii)

stormwater shall not be discharged into any watercourse or drainage channel without adequate reduction of flow velocity, which shall be accomplished by erosion control techniques that may include the routing or energy dissipation of stormwater runoff to a vegetated swale, vegetated basin or stone-protected area. The techniques used shall be sufficient to diminish runoff velocity and spread runoff flow adequately to avoid erosion upon entering the watercourse;

(iv)

stormwater runoff shall not be routed into irrigation ditches, canals, acequias or watercourses related to an acequia system unless specific plans have been approved in writing by the person legally responsible for the operation and maintenance of the facility and the city engineer. The developer is responsible for obtaining all such approvals before submittal of an application; and

(v)

an active, historic acequia, whether on site or off site, shall not be disturbed in any way by buildingdevelopment or construction activity unless specific plans have been approved in writing by the person or entity legally responsible for the operation and maintenance of the acequia. The developer is responsible for obtaining all such approvals before submittal of an application.

(c)

Detention Basin Standards:

(i)

stormwater detention basins and overflow structures shall be sized and designed to adequately accommodate flows from one percent chance, twenty-four-hour storm events; provided, however, that such basins shall also be equipped with outflow structures that limit flow-through from lesser magnitude storms to runoff rates equal to or less than pre-development runoff rates;

(ii)

infiltration, detention and retention basins shall provide a means of controlling and removing sediment. Methods may include sedimentation settling ponds, sediment traps, filters on drop inlets or other methods. All basins shall be designed to empty within no more than twenty-four hours;

(iii)

landscape treatment of detention and retention basins may be required in accordance with Section 14-8.4 (Landscape and Site Design); and

(iv)

discharge standards for minor development are provided in Subsection 14-8.2(E)(2).

(d)

Detention in Cisterns

(i)

Cisterns may be used if they are connected to an irrigation system or other water use.

(ii)

A maximum of fifty percent of required stormwater detention volume may be stored in cisterns, except that one hundred percent may be stored in cisterns for minor development.

(iii)

Cisterns shall be installed and operated in compliance with applicable provisions of other regulations, including Section 14-8.4 (Landscape and Site Design) and Chapter 7 SFCC 1987 (Building and Housing).

(e)

Arroyo, Stream and Watercourse Standards:

(i)

for arroyos, streams or watercourses that carry one hundred (100) cubic feet per second or more of stormwater flow in a one percent chance event, all structures, paved roads, driveways and parking lots shall be set back a minimum of twenty-five (25) feet from the top shoulder of an arroyo plus the depth of the arroyo channel. This setback provision does not apply to stormwater management structures or public access trails. The city engineer may waive this provision, in writing, stating the reasons and basis for such approval, if evidence is provided by a professional engineer demonstrating arroyo bank stability;

(ii)

for arroyos, streams or watercourses that carry less than one hundred (100) cubic feet per second in a one percent chance event, the city engineer may require a setback based on soils and hydrologic information supplied by the applicant.

(iii)

except for erosion control measures, stormwater management measures, public access trails or the placement of underground utilities required for development, no grading shall occur within the setback area;

(iv)

where practical, erosion control and channel stability in arroyos, streams or watercourses shall be achieved using techniques that reduce stormwater velocity and pollution, preserve active floodplains, provide adequate room for flood waters to spread safely and use native vegetation. Arroyo and watercourse banks shall not be armored with concrete, gabion baskets, sheet piling, rip-rap or similar hardened material unless no reasonable alternative exists to protect public infrastructure or pre-existing structures; and

(v)

fences, walls and similar structures may not be constructed in or across an arroyo, stream or watercourse.

(5)

Site Restoration:

(a)

soil stabilization and erosion control measures for all land disturbed by construction shall be completed within twenty-one days after completion of construction or other activities on site that interfere with soil stabilization measures. If the time of year is not conducive to planting, it may be delayed until the next appropriate planting season if all appropriate temporary erosion control measures are maintained until permanent erosion control measures are implemented;

(b)

one or more of the following stabilization and erosion control measures shall be used:

(i)

revegetation with appropriate drought-tolerant plant materials, including grasses or other ground cover;

(ii)

restoration with bioengineering techniques such as live staking, brush layering, brush mattress and live crib walls; and

(iii)

stabilization with stones, terracing or similar techniques; and

(c)

all trees and shrubs shall be mulched and irrigated until established. Grass seed should either be hydroseeded or covered with biodegradable material or synthetic soil erosion control blankets or matting and irrigated until established. Irrigation shall be pursuant to the irrigation requirements in Section 14-8.4 (Landscape and Site Design).

(6)

Increase in Minimum Standards

The city engineer may require implementation of more than the minimum stormwater standards if arroyos on site or immediately downstream of a site show evidence of increased flooding, channel erosion or sedimentation as a direct result of conditions on the site. Increased requirements shall be limited to the following on-site measures:

(a)

erosion and sediment control measures extended to a broader area of the site than the development area;

(b)

revegetation or stabilization of highly eroded areas;

(c)

arroyo restoration or other erosion control measures within highly eroded channels; or

(d)

a combination of the measures specified in Subsections 14-8.2(D)(6)(a) through (c).

(7)

Best Management Practices. (Ord. No. 2016-40 § 2)

The following best management practices shall be used before and during the construction process:

(a)

disturbed areas shall be protected from erosion during construction by diverting stormwater around the disturbed area, dissipating the energy of stormwater adequate to prevent erosion, retaining sediment on the disturbed area or other means adequate to retain soil on site, or a notice of intent (NOI) is filed;

(b)

except as necessary to install temporary erosion and sediment control devices, land shall not be graded or cleared of vegetation until all such temporary devices have been properly installed and inspected. Temporary erosion and sediment control devices may include silt fencing, swales, straw bales, berms, geotextiles, sediment basins or traps and fencing. Control devices shall be kept in place and functional until the disturbed area is permanently stabilized; or notice of termination (NOT) is filed;

(c)

all significant trees, and other trees and vegetation, areas with substantial grass coverage and drainageways that are to remain undisturbed shall be fenced off prior to the use of any heavy machinery on-site and shall remain fenced during the entire construction process. Fencing material may include snow fencing, plastic mesh or other similar fencing material. To protect the root zone of all significant trees, and other trees and vegetation, fencing shall be placed five (5) feet to the outside of their dripline;

(d)

to prevent soil from leaving a site, soil stockpiles shall be protected from wind and water erosion throughout the time the stockpile remains by using appropriate erosion control techniques. Staging and soil stockpile areas shall be clearly designated on the site. All topsoil shall be kept on site, within the disturbance zone of a construction site and then reintroduced into planting areas to the extent possible. Stockpiled soil shall not be allowed to enter arroyos or other drainageways;

(e)

techniques to prevent the blowing of dust or sediment from the site, such as watering down exposed areas, are required for projects that disturb greater than five thousand (5,000) square feet; and alternate forms shall be readily available and used if watering is not sufficient;

(f)

protection for storm drain inlets, drainageways and any stormwater conveyance shall be provided to prevent the entry of sediment and pollutants from the site while still allowing the entry of stormwater.

(E)

Standards for Minor Development; Submittal Requirements

(1)

Minor Development

A minor development includes the construction of any structure, including single family residences, additions, sheds, garages, fences, driveways or pavement, that meets all of the following criteria:

(a)

it takes place on a single lot or a subdivision of fewer than three lots;

(b)

it results in cumulative total disturbance of less than five thousand (5,000) square feet of land on a lot;

(c)

it disturbs no slope equal to or greater than twenty percent; and

(d)

no more than three thousand five hundred (3,500) square feet of new impervious surface is created per lot.

(2)

Minimum Standards; Discharge Standards

Minor development must comply with the standards in Subsection 14-8.2(D), except that the minimum volume of water to be contained or infiltrated on site shall be determined by multiplying the total area of new impervious surface, in square feet, by 0.16 feet to arrive at a value expressed in cubic feet, i.e. one hundred sixty (160) cubic feet of water containment is required per one thousand (1,000) square feet of impervious surface.

(3)

Submittals

Construction permitapplications for grading for minor development must provide sufficient information to demonstrate compliance with the standards in Subsection 14-8.2(D) and Subsection 14-8.2(E)(1) and (2), including the following, unless the requirement is waived by the land use director:

(a)

a brief narrative description of the proposed project;

(b)

a topographic map of the property to scale, including United States Geological Survey quadrangle maps or maps generated by the city, adequate to show elevation contours, natural drainageways and existing and proposed improvements;

(c)

a brief written description or representative photographs of the type of existing vegetation, such as piñon and juniper trees, annual weeds, grass cover, bare ground and so on, and approximate coverage of existing vegetation at the site, and a plan for vegetation removal at the site;

(d)

a description of all proposed grading or ground disturbance;

(e)

calculations and a plan drawing showing:

(i)

the size, volume, dimensions and location of all proposed runoff containment structures or methods and how water will be directed to the structures or methods; and

(ii)

percolation test results or other means of demonstrating that containment structures will empty within twenty-four hours;

(f)

a roof run-off drainage plan; and

(g)

a planting plan for revegetation showing proposed plant materials and a description of the proposed irrigation method or other methods used to establish vegetation and prevent erosion until vegetation becomes established.

(F)

Submittal Requirements For All Other Development

(Ord. No. 2014-31 § 29)

All other development that requires a construction permit for grading, and that is not classified as minor development under the provisions of Subsection 14-8.2(E), shall meet the following minimum submittal requirements:

(1)

Submittals for construction permitapplications for grading must provide sufficient information to show compliance with Subsection 14-8.2(D) and (E). Unless waived by the land use director, submittals must include:

(a)

a topographic survey and grading plan with elevation contours shown at not more than two (2) foot intervals on slopes less than thirty percent and five (5) foot intervals on slopes of thirty percent or greater that shows:

(i)

all sloped areas of zero to twenty percent, twenty-one to thirty percent and greater than thirty percent shall be clearly marked and differentiated by shade, tone or color at a scale sufficient to allow verification of the calculations;

(ii)

ground elevations that conform to either the United States Geological Survey sea level datum, as modified, or to the city's monument system;

(iii)

the designated buildable sites or buildable areas;

(iv)

all areas to be graded on the site and the final contours to be achieved by the grading;

(v)

all finished floor or grade elevations;

(vi)

spot elevations, as needed;

(vii)

areas of soils with severe limitations for the intended use;

(viii)

the location of temporary erosion control structures and methods used, including staging and stockpile areas;

(ix)

all significant trees and areas with substantial grass coverage to be removed;

(x)

a construction schedule when the project will be developed in phases;

(xi)

the location of fencing around the areas to be protected;

(xii)

the ratio of horizontal to vertical measurement for cut and fillslopes;

(xiii)

the total volume, in cubic yards, of earth to be moved;

(xiv)

all existing disturbed areas;

(xv)

special flood hazard areas designated by FEMA on the Flood Insurance Rate Map (FIRM); and

(xvi)

date, method of survey and certification from a New Mexico professional engineer or professional land surveyor that the plan is in compliance with national map accuracy standards;

(G)

Standards for Master Plans, Preliminary Development Plans and Preliminary Subdivision Plats; Submittal Requirements

(1)

Minimum Standards:

(a)

projects shall meet the minimum standards of Subsection 14-8.2(D);

(b)

all land below the base flood elevation for a one percent chance event shall be dedicated as a drainage easement and as public or private open space or public right of way; and

(c)

for all development where one-half or more of the land within the project site exceeds twenty percent slope, the quantity and peak flow rate of post-development stormwater runoff on all developed or disturbed land shall not exceed seventy-five percent of the quantity and peak flow rate of the pre-development runoff.

(2)

Submittals

Submittals for master plans, preliminary development plans and subdivision plats shall include:

(a)

a conceptual plan and report that shows the general approach proposed for terrain and stormwater management, and how the proposed development meets all of the minimum standards described in Subsection 14-8.2(D);

(b)

a topographic survey and grading plan as outlined in Subsection 14-8.2(F)(5); and

(c)

a brief description of the watershed directly upstream and downstream of the parcel, including the size, terrain, type and extent of vegetation cover and degree of development for all areas draining to the project site.

(H)

Final Development Plans and Subdivision Plats

(1)

Minimum standards

Final development plans and subdivision plats shall meet the minimum standards described in Subsection 14-8.2(D) and (G).

(2)

Submittals

Submittals for final development plans and subdivision plats shall include:

(a)

all submittals required pursuant to Subsection 14-8.2(F);

(b)

a long-term maintenance schedule for the life of the stormwater management measures, including the time frame for completion and the responsible party who shall perform the maintenance; and

(c)

an as-built certification signature block to be executed by a professional engineer after the project completion to ensure that the constructed stormwater management systems comply with the approved stormwater plans.

(I)

Inspections and Violations During Construction Process

(1)

For all nonresidential projects and all residential projects that do not qualify as minor development, an applicant shall notify the land use director to set up an inspection at the following times:

(a)

when the construction erosion and sediment control devices and measures are in place;

(b)

when final stormwater management measures are completed;

(c)

when the final site restoration measures are completed; provided, however, that if final site restoration measures are being delayed due to the season, the applicant shall notify the land use director when temporary erosion control measures, for use until site restoration is complete, in place and ready for inspection; and

(d)

further construction or issuance of any permits shall not occur until written approval has been granted by the inspector after each inspection that the best management practices and stormwater management control methods have been completed in accordance with approved plans;

(2)

the land use director may enter upon any property subject to this Subsection 14-8.2 at reasonable times to conduct inspections of grading, erosion and stormwater management measures to determine compliance with city policies and procedures and to carry out duties in the enforcement of this Subsection 14-8.2; and

(3)

the land use director may waive or consolidate any inspections required under this Section 14-8.2.

(J)

Dedications, Easements and Rights of Way

(1)

All land below the base flood elevation for a one percent, twenty-four-hour storm event shall be dedicated as a drainage easement and as public or private open space or public right of way.

(2)

Dedications to the city may be required by the city engineer for the components of the stormwater drainage system, including access for maintenance. The types of all easements and open space dedications shall be determined by the city engineer. If a dedication is required, it shall be designated on the plan or plat and in effect prior to construction permit approval.

(3)

An applicant may make requests for acceptance of dedications of a stormwater drainage system to the city; however, the city is not obligated to accept a dedication offer. Only the governing body may accept dedications to the city. If a dedication is offered to and accepted by the city, it shall be designated on the plan or plat and shall be in effect prior to construction permit approval.

(K)

Long-Term Maintenance Responsibilities and Inspections

(1)

Responsibilities

All stormwater management measures and facilities shall be maintained by the fee simple owner of the property or a propertyowners association, unless a dedication of the stormwater management system was required and accepted by the city, in which case, the city is responsible for maintenance. The stormwater management system shall be maintained in good condition and promptly repaired. Maintenance shall include the repair and restoration of all grade surfaces, walls, swales, drains, dams, ponds, basins, site restoration measures, associated vegetation and any other stormwater measure constructed on site. The maintenance shall be in accordance with approved stormwater management plans.

(2)

City Inspections

The city or its authorized agent may enter upon a property that is subject to this Section 14-8.2 at reasonable times to access the stormwater management system to ensure that the system is maintained in proper working condition that meets the approved stormwater management plans and the objectives and minimum standards of this section.

(3)

Maintenance Violations

If, after notice by the city to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner or responsible party within a reasonable period of time, the city may perform all necessary work to place the facility in proper working condition. The owner or responsible party of the facility shall be assessed the associated costs of the work.

(Ord. No. 2019-27, § 11)

(Ord. No. 2011-37 § 10; Ord. No. 2012-19 § 3)

(A)

Adoption of Special Flood Hazard Areas

(1)

The city adopts the special flood hazard areas identified by FEMA in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Santa Fe County, New Mexico and Incorporated Areas," with accompanying FIRM, effective June 17, 2008 and December 4, 2012. (Ord. No. 2013-16 § 46)

(2)

The city may adopt and establish other flood hazard zones or elevations as identified in:

(a)

subsequent drainage studies prepared for and accepted by the city;

(b)

subsequent letters of map amendment and letters of map revision, as prepared for and accepted by FEMA; and

(c)

other known flood hazard zones identified by the floodplain administrator and adopted by the governing body.

(B)

Applicability; Permit Required

(1)

The requirements of this Section 14-8.3 are in addition to and not in lieu of other provisions of Chapter 14.

(2)

New development, including substantial improvements to existing structures shall comply with the standards of this Section 14-8.3. However, this Section 14-8.3 does not apply to an application meeting either of the following criteria:

(a)

the project is limited to work that does not change the footprint, size or enclosed area of an existing structure, such as re-roofing, re-stuccoing or interior remodeling; or

(b)

the project will not result in an increased flood risk to persons or structures or their contents as determined by the floodplain administrator, who may require certification by a professional engineer.

(3)

Regardless of applicability of this Section 14-8.3, all development in a special flood hazard area, including excavation and fill operations, requires approval of the floodplain administrator and a permit.

(C)

General Provisions for Development in Special Flood Hazard Areas

(1)

All newly created lots shall contain a buildable area that is entirely outside of any special flood hazard area.

(2)

If an existing lot contains land both within and outside of the special flood hazard area, any new construction, including roads and driveways, shall only be outside of the special flood hazard area, except as allowed by Subsections 14-8.3(E), (F) and (G).

(3)

If an existing lot contains no land outside the special flood hazard area, any new construction shall only occur in the flood fringe and only pursuant to Subsections 14-8.3(E), (F) and (G).

(4)

On an application for subdivision plat or development plan approval, where the tract or portions of the tract are located within a special flood hazard area, the applicant shall submit detailed hydrologic data indicating the water surface elevations for a one percent chance event, to be shown for sections of the drainage channel at intervals of no greater than one hundred feet. The special flood hazard area shall be further defined as floodway and flood fringe, if applicable. The floodplain administrator may waive the requirement for the submission of detailed hydrologic data based on a site investigation. The special flood hazard area, FIRM panel number and date shall be accurately depicted by an architect, professional land surveyor or professional engineer on the development plan, subdivision plat, and construction permit where applicable.

(5)

For purposes of this Section 14-8.3, the special flood hazard area is that shown on the appropriate FIRM. Flood fringe, floodway and base flood elevation shall be shown as required by the floodplain administrator.

(6)

New and replacement water supply and sanitary sewage systems located in special flood hazard areas shall be designed to minimize or eliminate infiltration.

(7)

Onsite liquid waste disposal systems located in special flood hazard areas shall be designed to avoid impairment or contamination.

(8)

For subdivisions or other developments greater than fifty lots or five acres that are located entirely or partially within a special flood hazard area, base flood elevations are required to be shown on the development plan or subdivision plat for all lots that are entirely or partially within the special flood hazard area.

(9)

In A and AE zones, recreational vehicles shall be:

(a)

elevated and anchored; or

(b)

on the site for fewer than one hundred eighty consecutive days; or

(c)

fully licensed and highway ready.

(D)

Engineering Criteria

The analysis, determination and designation of base flood elevation, special flood hazard areas, floodway or flood fringe shall adhere to professional hydrologic and hydraulic engineering techniques supplemented with data obtained by field examination and surveys as necessary. Engineering practice manuals of the American Society of Civil Engineers and similar competent manuals of professional hydrologic and hydraulic engineering techniques may be used in accordance with FEMA requirements.

(E)

Land Use and Development in Floodway

No uses shall be permitted within the floodway, except those set out in this Subsection 14-8.3(E); provided that such uses comply with the provisions of Article 14-6 (Permitted Uses and Use Regulations) and any other applicable federal or state law; and further provided that such uses do not constrict flow or create a rise in the base flood elevation during the one percent chance event:

(1)

Cultivating and harvesting of crops according to recognized soil conservation practices;

(2)

Pasture, grazing land;

(3)

Wildlife sanctuary, woodland preserve;

(4)

Outlet installations for sewage treatment plants and sealed public water supply wells;

(5)

Passive recreational uses such as parks or trails;

(6)

Open area residential uses, such as lawns, gardens and play areas;

(7)

Stormwater management and arroyo or watercourse stabilization facilities, such as check dams and gabions, provided that any such facilities that constrict flow or create a rise in the base flood elevation during the one percent chance event comply with all applicable FEMA requirements and all provisions of this Section 14-8.3 that are more stringent than the FEMA requirements;

(8)

Legal nonconforming uses occupying structures in existence on June 17, 2008; provided that such uses may not be intensified and that the structures that such uses occupy comply with all applicable FEMA requirements and all provisions of this Section 14-8.3 that are more stringent than the FEMA requirements;

(9)

Active recreational uses that do not include permanent structures and so long as any temporary structures or equipment are removed when not in active use; and

(10)

Railroads, streets, driveways, bridges, private and public utility lines that cross the floodway with minimal disturbance as determined by the floodplain administrator, and structural works for the control and handling of flood flows, such as dams, embankments, flood walls, velocity control structures or storm drainage control and handling works (with the exception of required stormwater detention facilities) provided that any such facilities that constrict flow or create a rise in the base flood elevation during the one percent chance event comply with all applicable FEMA requirements and all provisions of this Section 14-8.3 that are more stringent than the FEMA requirements.

(F)

Land Use and Development in Flood Fringe

(1)

No uses shall be permitted within the flood fringe except those set out in this Subsection 14-8.3(F); provided that such uses comply with the provisions of Chapter 14, Article 6 (Permitted Uses and Use Regulations) and any other applicable federal or state law.

(2)

All uses permitted in the floodway pursuant to Subsection 14-8.3(E) are also allowed in the flood fringe.

(3)

Storage, processing or disposal of materials that in time of flooding are buoyant, flammable, explosive, toxic or could be injurious to human, animal or plant life, are prohibited within the flood fringe.

(4)

No fence, wall or similar structure shall be erected in or across any arroyo, stream or watercourse unless it is designed to break away and not to cause a flow obstruction.

(5)

At-grade parking facilities are allowed so long as such facilities cannot be reasonably accommodated outside the flood fringe, as determined by the floodplain administrator.

(6)

Structures or uses within the flood fringe portion of the special flood hazard area meeting the following requirements are allowed upon review by the floodplain administrator and issuance of a permit, to the extent that they are not prohibited by any other ordinance, plan or policy:

(a)

residential or nonresidential structures, to be constructed or substantially improved in the flood fringe, shall have the elevation of the lowest floor at least one foot above the base flood elevation. The floodplain administrator may authorize dry flood proofing for protection of nonresidential structures where the elevation of existing streets or utilities make compliance with this provision infeasible, or in other special circumstances. The design and construction methods of dry flood proofing shall comply with 44 CFR Section 60.3 of the National Flood Insurance Program regulations as certified by a professional engineer or architect;

(b)

structures shall be designed and constructed to withstand flood conditions at the proposed construction site;

(c)

new construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement shall either be certified by a professional engineer or an architect or meet or exceed the following minimum criteria:

(i)

a minimum of two openings on different walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

(ii)

the bottom of all openings shall be no higher than one foot above finished grade; and

(iii)

openings may be equipped with screens, louvers, valves or other coverings or devices provided that they allow the automatic entry and exit of flood waters;

(d)

all new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(e)

sanitary and storm sewer drains shall be equipped with valves capable of being closed, manually or automatically, to prevent backup of sewage and stormwaters into the building or structure;

(f)

the base flood elevation shall be certified and superimposed on the site plan, and accurately depicted on the elevation drawings for all sides of a building by a professional surveyor, professional engineer or architect. The elevation drawings shall also indicate the lowest floor elevation and location of all windows, doors or other openings. The floodplain administrator may request additional data for the construction permit if deemed necessary;

(g)

before issuance of a construction permit for the construction of a structure in the flood fringe, a professional engineer shall certify that the structure has been designed to conform with the provisions of this Subsection 14-8.3(F), and that the bottom of all openings in the enclosure are no more than one foot above the base flood elevation. The same professional engineer shall also certify, upon completion of the structure, that construction complies with the submitted plans;

(h)

a manufactured home or mobile home shall be elevated on compacted fill or pilings. The lowest floor of the manufactured home or mobile home shall be at least one foot above the base flood elevation;

(i)

manufactured homes or mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing:

(i)

over-the-top ties at each of the four corners, with two additional ties per side at intermediate locations, and for manufactured homes or mobile homes less than fifty feet long, one over the-top tie at each of the four corners is required;

(ii)

frame ties at each corner with five additional ties per side at intermediate points and for manufactured or mobile homes less than fifty feet long, four ties are required per side;

(iii)

all components of the anchor system shall be capable of carrying a force of four thousand eight hundred pounds; and

(iv)

additions to the manufactured home or mobile home shall be similarly anchored;

(j)

for existing manufactured home or mobile home parks located in the special flood hazard area, a vehicular circulation plan indicating alternative vehicular access and escape routes during the one percent chance event shall be submitted as part of any improvement, construction or development project; and

(k)

no new manufactured homes, mobile homes or foundations for either type of structure shall be permitted in the special flood hazard area.

(G)

Repair or Replacement of Legal Nonconforming Structures in the Special Flood Hazard Area

A structure that on June 17, 2008 was legally noncomforming because of its location within a special flood hazard area, and that is substantially damaged by flood, fire or other casualty may be replaced or repaired within the special flood hazard area subject to the following:

(1)

If there is a site on the property outside the special flood hazard area that will accommodate a structure of the same gross floor area as the legal nonconforming structure, the structure shall not be repaired or replaced within the special flood hazard area.

(2)

If the legal nonconforming structure was located within the flood fringe and there is no other site on the property that will accommodate a structure of the same gross floor area, the structure may be repaired or replaced in the flood fringe. The repaired or replacement structure must not exceed the gross floor area or the footprint of the legal nonconforming structure and the footprint must be sized to minimize flood hazard.

(3)

If the legal nonconforming structure was located in the floodway but there is a site on the property outside the floodway that will accommodate a structure of the same gross floor area as the legal nonconforming structure, the structure must not be repaired or replaced within the floodway. The footprint of the replacement structure must be sized to minimize flood hazard and must not exceed the gross floor area or the footprint of the legal nonconforming structure;

(4)

If the legal nonconforming structure was located within the floodway, and there is no other site on the property that will accommodate a structure of the same gross floor area, the structure may be repaired or replaced in the floodway. The repaired or replacement structure must not exceed the gross floor area or the footprint of the legal nonconforming structure and the footprint must be sized to minimize flood hazard;

(5)

A structure that is repaired or replaced within the special flood hazard area shall comply with all applicable FEMA requirements and all provisions of this Section 14-8.3 that are more stringent than FEMA requirements;

(6)

A structure that is repaired or replaced in accordance with this Subsection 14-8.3(G) shall not require a waiver to be constructed in a special flood hazard area; provided that any necessary variance to other requirements of Chapter 14, including setbacks and terrain management, is granted; and

(7)

As a condition of construction permit issuance for a replacement structure, anyremaining portion of the legal nonconforming structure in the special flood hazard area shall be demolished or removed.

(H)

Amendment to FIRM

(1)

Amendments to the established base flood elevations and special flood hazard areas may be initiated either by the floodplain administrator or by any other person through application to FEMA. The application shall be accompanied by sufficient copies of supporting plans and reports as required by FEMA to meet the minimum requirements of the National Flood Insurance Program (NFIP). If the application is not made by the floodplain administrator, a copy of the submission to FEMA shall be forwarded to the floodplain administrator. Submission of inaccurate information with an application is grounds for denial from FEMA. The floodplain administrator may provide comments to FEMA on any submission for a map change.

(2)

In addition to the change described in Subsection 14-8.3(H) and on the basis of hydrologic data, the governing body may establish additional flood hazard zones and modify these additional flood hazard zones by ordinance. The amendment may be for non-FEMA-approved changes but shall not be less restrictive than FEMA requirements. Where the change affects land owned by persons other than the applicant, all affected propertyowners shall be notified of the change by certified mail, return receipt requested. The signed receipts shall be submitted to the floodplain administrator.

(3)

The governing body's decision to add or amend a special flood hazard area shall be based on appropriate information, including detailed engineering analysis and recommendations in reports and plans done by or for the city or other governing agencies, including those prepared for construction permits and subdivisions.

(4)

If the governing body denies a change to the flood hazard zone, the reasons for denial shall be stated in a written report.

(5)

Prior to approval by the governing body, the floodplain administrator shall notify the state coordinator for the NFIP at the New Mexico homeland security and emergency management department.

(6)

If major alterations to a watercourse are proposed adjacent to the corporate limits of Santa Fe, the floodplain administrator shall notify the Santa Fe county manager and Santa Fe county floodplain administrator of such proposal.

(I)

Warning and Disclaimer of Liability

The degree of flood protection intended to be provided by this Section 14-8.3 is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on occasions or the flood height may be increased by natural or manmade causes. This Section 14-8.3 does not imply that areas outside the special flood hazard area or land uses allowed within such area will always be totally free from flooding or flood damages. This Section 14-8.3 does not create liability on the part of the governing body or any official, employee or agent of the governing body for any flood damages that result from reliance on this Section 14-8.3 or any administrative decision lawfully made pursuant to this Section 14-8.3.

(Ord. No. 2011-37 § 10)

(A)

Purpose and Intent

(1)

It is the purpose and intent of this Section 14-8.4 to foster the creation of regionally appropriate, sustainable landscapes. This Section 14-8.4 requires water harvesting and encourages the development of alternate sources of landscape irrigation water, because potable water is an increasingly scarce resource. Water conservation, water harvesting and irrigation efficiency shall guide landscape design, installation and maintenance to foster a responsible and judicious use of our water and other natural resources.

(2)

It is also the purpose of this Section 14-8.4 to protect and promote the health and beauty of natural settings and urban landscapes, to recognize and provide for appropriate changes in the urban context and to protect and preserve public and private landscape resources. This Section 14-8.4 is part of the purpose and intent of Chapter 14, which is to enhance the appearance of Santa Fe's streets and public places in order to promote their role as community amenities and social spaces that contribute to civic pride and vitality.

(3)

It is also the purpose and intent of this Section 14-8.4 to preserve existing healthy vegetation to the greatest extent possible as an important cultural, environmental and economic resource.

(B)

Applicability

(1)

This Section 14-8.4 applies to, and a landscape plan that demonstrates compliance of the entire property with this Section 14-8.4 is required with, the following: (Ord. No. 2013-16 § 47)

(a)

applications for subdivision plat approval, except lot split and resubdivisionplats;

(b)

applications for development plan approval;

(c)

applications for master plan approval;

(d)

applications for construction permits and special use permits as follows:

(i)

all newnonresidential and multiple-family construction resulting in an enclosed structure with a gross floor area greater than one thousand (1,000) square feet; and

(ii)

for additions or remodeling of existing nonresidential and multiple-familystructures with a construction valuation over one hundred thousand dollars ($100,000), landscape improvements to comply with this Section 14-8.4, as prioritized by the land use director, shall be required up to a total cost of twenty percent of the construction valuation; and

(e)

development on city-owned land.

(2)

The following requirements of this section apply to all development, including applications for construction of and exterior alterations to single family dwellings and apply to landscaping activities not directly associated with developmentapplications:

(a)

Subsections 14-8.4(E)(1)(b) (Passive Water Harvesting), (E)(3) (Water Features), and (E)(4) (Irrigation Standards); and

(b)

Subsections 14-8.4(F)(3) (Controlled or Prohibited Plant Materials), (F)(4) (Turf Limitations), and (F)(5) (Preservation of Existing Vegetation).

(3)

The requirements of this Section 14-8.4 other than those cited in Subsection 14-8.4(B)(2) do not apply to the following:

(a)

applications for new or modified single-family dwelling units, except that they shall comply with applicable provisions of Subsections 14-8.4(E) (Water Harvesting and Irrigation Standards) and (F) (Plant Material Standards);

(b)

interior residential remodeling.

(c)

where standards of Section 14-7.4 (BCD) conflict with the provisions of this section, the BCD standards shall apply. In any other case in which more than one set of landscape requirements are applicable, the more stringent shall apply as provided in Section 14-1.7 (Conflicting Provisions).

(4)

Additional landscape requirements may apply to properties subject to terrain management regulations as set forth in Section 14-8.2 (Terrain and Stormwater Management) and to those located in the escarpment overlay district as set forth in Section 14-5.6. Additional landscaping requirements applicable to outdoor and emergency water use are set forth in Chapter 25 SFCC 1987 (Water).

(5)

Guidelines for design of medians and planting strips may be found in Resolution 2010-66. Landscape irrigation standards may be found in Resolution 2010-17.

(C)

Compliance and Enforcement

(1)

Construction permits, development plans, master plans and subdivision plats shall comply with this Section 14-8.4.

(2)

If the requirements of this section cannot be met prior to the request for a certificate of occupancy, the applicant may provide a financial guarantee in accordance with Section 14-3.12(B) (Temporary Certificate of Occupancy) and with policies issued by the land use director.

(3)

In the escarpment overlay district, compliance with both this Section 14-8.4 and Section 14-5.6 (Escarpment Overlay District) are required.

(4)

The land use director shall have discretion to allow alternate means of compliance with the requirements of this section when the proposed alternate means satisfy the intent, and are equivalent to or exceed the requirements of, this Section 14-8.4 and when:

(a)

site conditions, including the configuration of the lot, topography or existing vegetation, make full compliance impossible or impractical;

(b)

the proposed alternate means of compliance are appropriate to the design intent, especially in response to landscape or site design consistent with the surrounding area or with the historic character of Santa Fe; and

(c)

the proposed alternate means of compliance promote good stormwater management, water conservation and water harvesting equal to or greater than the original requirement.

(5)

Existing landscaping or other improvements may meet the requirements of this Section 14-8.4.

(D)

Landscaping Plan Submittal Requirements

When the requirements of this Section 14-8.4 apply, information shall be provided as required by the land use director. Landscaping plans shall be consistent with other required plans including terrain management, utilities and siting of structures.

(E)

Water Harvesting and Irrigation Standards

Water conservation and stormwater management shall guide landscape and site planning, design, installation and management. Landscape planning shall begin early in the development process in conjunction with the requirements of Section 14-8.2 (Terrain and Stormwater Management). Landscape design shall apply the principles of xeriscaping and achieve the highest industry standards for irrigation efficiency. Alternative sources of irrigation water shall be developed, including harvested water from roof and site runoff. Gray water use is recommended where appropriate. Potable water shall be used only as a back-up or temporary irrigation water source to the greatest extent possible. The purpose of these strategies is to develop drought tolerant landscapes and to reduce the demand on the potable water system.

(1)

Water Harvesting

(a)

The landscaping plan shall include passive water harvesting for landscape irrigation purposes as a minimum requirement. Water harvesting that is a primary component of stormwater management may qualify for open space reduction as provided in Section 14-7.5(D)(6).

(b)

Passive water harvesting techniques include:

(i)

surface collection, such as swales, parking lot islands, bar ditches, detention or retention ponds and constructed wetlands. Detention and retention ponds should be integrated landscape features, rather than single-purpose flood control ponds;

(ii)

in-ground storage, such as soil amendments, constructed rain gardens, French drains, pumice wicks, permeable paving and collection structures with infiltration fields or galleries. In-ground structures shall use techniques and materials that have been proven effective, safe and structurally sound; and

(iii)

low impact development and green infrastructure guidelines and techniques recommended by the Federal Environmental Protection Agency.

(c)

Active water harvesting systems include storage and distribution systems such as above-ground rain barrels and storage tanks and below-grade cisterns that use gravity or pumps to distribute water to an irrigation system;

(d)

Active water harvesting systems shall be maintained and the water used for landscape irrigation purposes. The land use director may inspect, test and monitor the components of active water harvesting systems, including tanks, pumps and controllers, as needed.

(2)

Gray Water

Gray water irrigation is appropriate for some landscape installations. Gray water use is regulated by New Mexico department of environment liquid waste disposal regulations, which define minimum lot size and imposes other standards.

(3)

Water Features

(a)

Water features, are classified as high water use.

(b)

The water surface area of the water feature shall not exceed twenty percent of the total allowable cool season turf area and shall be included in the total area of cool season turf allowed as specified in Subsection 14-8.4(F)(4).

(c)

Water used in water features shall be re-circulated.

(d)

The water feature shall be designed to prevent seepage and leaks.

(4)

Irrigation Standards

Irrigation systems shall be provided for all landscaped areas. Landscape irrigation plans shall integrate water harvesting and stormwater management with the highest industry standards for efficient irrigation use. The development of alternative sources of irrigation water is recommended, including harvested water from cistern collection and gray water. Potable water irrigation may be used as a supplemental or temporary system. Irrigation designers and installers are encouraged to use the City Landscape Irrigation Systems Standards as a guide to minimum specifications for irrigation systems. All new irrigation systems and major renovation of existing systems shall comply with the following standards:

(a)

a code-approved backflow prevention device is required for all irrigation systems connected to the city water system, including existing irrigation systems. Atmospheric vacuum breakers are the minimum required standard for above grade systems such as those connected to hose bibs and frost-free hydrants;

(b)

an automatic, digital multi-programmable controller is required for all irrigation systems with an irrigated landscaped area larger than one thousand (1,000) square feet installed in commercial, industrial and multiple-familyresidentialdevelopment.

(c)

hand watering for commercial, industrial and multiple-family installations of less than one thousand (1,000) square feet of landscaped area is allowed. Shut-off nozzles are required on hoses used for hand watering;

(d)

irrigation system operation information, including recommended monthly and seasonal irrigation schedules, and water budgets based on gallons used for landscape plantings for years one and three, shall be included on the irrigation plan or with attached documentation;

(e)

irrigation systems shall be designed for the site-specific topography, site orientation, microclimate, prevailing winds and soil type so as to prevent runoff, minimize evaporation and promote infiltration;

(f)

irrigation systems shall be designed to prevent water waste, over-watering and overspray or drainage of water onto any paved or unplanted surface;

(g)

planting beds shall be swaled, sloped or recessed below grade to prevent fugitive water;

(h)

irrigation systems shall be zoned by levels of water use. For the most efficient water use, plants with similar water use requirements shall be grouped together. Separate zones are required for permanent and temporary irrigation lines;

(i)

overhead spray irrigation is prohibited for watering trees and shrubs, but is allowed for turf and ground cover plants and for temporary irrigation systems for revegetation with drought tolerant plant species. Spray irrigation is prohibited in areas where any dimension is less than ten (10) feet;

(j)

temporary irrigation systems are allowed and encouraged in conjunction with the use of revegetation with drought tolerant plant material. Temporary irrigation systems shall be reviewed on a case-by-case basis and removed after the vegetation is established;

(k)

turf, sod or grass seeding of cool season turf species shall not be planted on slopes greater than twenty-five percent or in areas where any dimension is less than ten (10) feet. Revegetation using temporary irrigation, with annual plant species used for erosion control to meet the requirements set forth in Section 14-8.2 (Terrain and Stormwater Management) is exempt from this restriction.

(F)

Plant Material Standards

(1)

Plant Material Selection

Plant material selection shall emphasize drought tolerant plant species and shall limit the use of high water use plant species. All required plant material shall be cold hardy to USDA Classification Zone 5 , which is minus fifteen degrees Fahrenheit, or colder.

(2)

Installation

Required plant material shall be installed as follows:

(a)

all required deciduous trees shall be two (2) inch caliper minimum;

(b)

all required shrubs shall be five gallon minimum except as noted on the City of Santa Fe Recommended Plant List;

(c)

all required evergreen trees shall be a minimum of six (6) feet in height.

(d)

when more than ten trees are required by this Section 14-8.4, more than one species shall be provided unless otherwise approved by the land use director;

(e)

stormwater detention ponds and retention ponds shall be planted with appropriate trees, shrubs and grasses ,with a minimum of one tree and three shrubs per five hundred (500) square feet of required ponding area. Plants located in the bottom third of the detention pond or retention pond must be adaptable to periods of submersion and may require replacement during periodic maintenance to remove silt;

(f)

any plant material required by this Section 14-8.4 that fails to show healthy growth due to damage, pest, disease or neglect shall be promptly replaced with a similar plant;

(g)

required new plant material shall be protected from damage by vehicles;

(h)

new plant material shall be mulched to a minimum depth of two (2) inches and the mulch renewed yearly or as needed. Mulch may be of organic or inorganic material.

(i)

plastic sheeting is not permitted as weed barrier; and

(j)

the owner shall properly maintain all materials and installation required by this Section 14-8.4, including proper pruning, soil testing, fertilizing and weeding.

(3)

Controlled or Prohibited Plant Materials

(a)

Turf grass sod or turf grass seed mixes installed within the city limits shall contain no more than twenty-five percent Kentucky Bluegrass.

(b)

Russian Olive (Elaeagnus angustifolia) and Salt Cedar (Tamarix spp) shall not be sold or installed within the city limits.

(4)

Turf Limitations

Warm season grasses are recommended for most turf applications. The installation of cool season turf grasses is discouraged, as they require greater quantities of irrigation water. Refer to the City of Santa Fe Recommended Plant List for specific information on grass species. Cool season turf shall be limited to areas with relatively low evaporation from wind and heat or in locations used for active or passive recreational use. The total area of cool season turf shall be limited as follows:

(a)

single-family dwellingunits shall not have cool season turf in excess of one thousand (1,000) square feet or ten percent of the total lot area, whichever is less;

(b)

multiple-familyresidentialdevelopments shall not have cool season turf in excess of twenty per cent of the required common open space;

(c)

industrial and commercial developments shall not have cool season turf in excess of one thousand (1,000) square feet or three percent of the required open space, whichever is greater; and

(d)

public parks and commercial recreational uses are exempt from this restriction, but shall install only the minimum cool season turf required for the active recreational use.

(5)

Preservation of Existing Vegetation
(Ord. No. 2014-31 § 30)

(a)

The land use director may require the preservation, relocation or replacement of existing significant trees as provided in Subsection 14-8.4(B), except that the public works director may determine the requirements for significant trees located within public right-of-way, within city parks or on other land owned by the city. Determinations shall be made in accordance with the following criteria:

(i)

priority is given to preserving significant trees that provide screening, buffering, wildlife habitat or linkages to wildlife habitat;

(ii)

significant trees that are to be preserved or relocated shall be healthy and free from serious insect or parasite infestation;

(iii)

significant trees to be relocated shall be selected from areas with adequate soil conditions for successful relocation;

(iv)

the recommended season for relocation of piñon (Pinus edulis) trees is September 15 to May 15;

(v)

if relocation of existing significant trees is not possible within these guidelines, then equivalent plant material shall be provided. Replacement evergreen trees shall be six (6) feet tall or taller, replacement deciduous trees shall be two (2) inches caliper or greater; and

(vi)

relocated or replacement trees shall be irrigated until they are established.

(b)

A minimum of forty percent of piñon significant trees shall be preserved, relocated on site or replaced as specified in this Section 14-8.4. Piñon trees that are preserved or relocated on site and are a minimum of eight (8) feet tall shall substitute for two trees required elsewhere in this Section 14-8.4.

(c)

No existing deciduous tree with a six (6) inch caliper or greater or evergreen tree over eight (8) feet tall shall be removed without the approval of the land use director or public works director as provided in Subsection (F)(5)(a) above. Trees classified by the New Mexico department of agriculture as noxious weeds that are smaller than a twelve (12) inch caliper are exempt from this review, including Russian olive (Elaeagnus angustifolia), Siberian elm (Ulmus pumila), tree of heaven (Ailanthus altissisima) and salt cedar (Tamarix species).

(d)

During construction, existing plant material to be preserved shall be enclosed by a temporary fence at least five (5) feet outside the dripline. In no case shall vehicles be parked or materials or equipment be stored or stockpiled within the enclosed area.

(e)

All areas with exposed soil surfaces disturbed by construction shall be revegetated to minimize erosion and stormwater runoff and to improve the infiltration of precipitation.

(f)

Destroyed vegetation shall be removed promptly to prevent insect infestation of healthy vegetation.

(g)

The preservation of plant species classified as noxious weeds is discouraged.

(h)

Topsoil removed during construction shall be stockpiled on site and reused on site in landscaped areas or areas to be revegetated.

(G)

Street Tree Standards

(1)

Street trees are required to reduce heat, dust, glare and the need for cooling or heating; to help clean and oxygenate the air; to reduce road noise; to promote continuity between developments; and to enhance the appearance of Santa Fe's streets. Consideration should be given to urban density, historic or vernacular character of the location; continuity with native vegetation and the natural landscape; and the ability to provide water for irrigation.

(2)

Required street trees do not substitute for required landscape material in parking lots, except as provided in Subsection 14-8.4(I)(2) (Parking Lots - Perimeter Screening). Street trees shall be located as follows:

(a)

on major and secondary arterials, one tree an average of every thirty (30) to forty (40) feet;

(b)

on all other streets, one tree an average of every twenty-five (25) to thirty-five (35) feet; and

(c)

where street trees or planting strips are required but not practical, the equivalent area in square feet and amount of plant material may be provided elsewhere on the site, with approval of the land use director and based on existing conditions or design intent.

(3)

Location of Street Trees:
(Ord. No. 2013-16 § 48; Ord. No. 2014-31 § 31)

(a)

on streets, other than major and secondary arterials, street trees shall be located on the subject property adjacent to the property line or within the right of way as approved by the planning commission or the public works director. Street trees located within the right of way shall be planted in compliance with Chapter 23 SFCC 1987 Streets, Sidewalks and Public Places and in compliance with adopted median and parkway standards;

(b)

on major and secondary arterials, trees shall be planted in a minimum ten (10) foot wide parkway that includes the width of the sidewalk or other pedestrian way. If existing development precludes provision of the ten (10) foot wide parkway, trees shall be planted in a space no smaller than five (5) feet by thirteen (13) feet and preferably multiple trees in longer planting strips;

(c)

street trees should be planted to the greatest extent possible in swales or basins that collect run-off and precipitation;

(d)

street trees shall be located at least fifteen (15) feet from light standards, so as not to impede outdoor illumination;

(e)

street trees shall be located at least fifteen (15) feet from fire hydrants so as not to interfere with hydrant operation;

(f)

street trees located under utility lines shall be a species that maintains a minimum of five (5) feet of clearance from overhead utility lines at maturity; and

(g)

street trees shall not be required on single-familyresidentiallots.

(H)

Open Space Planting Requirements

(Ord. No. 2014-31 § 32)

(1)

Required open space shall be planted with a minimum of one tree and two shrubs every five hundred (500) square feet, exclusive of areas developed with patios, game courts, swimming pools or similar hardscape recreational features.

(2)

In addition to required trees and shrubs, open space areas shall be landscaped with groundcover plants or decorative mulch or naturally occurring groundcover plants shall be maintained.

(3)

Street trees and landscaping required for parking lots may be counted toward meeting the minimum planting requirements for open space.

(4)

At least twenty-five percent of required trees and shrubs shall be evergreen. Existing trees and shrubs shall be accepted for required landscaping if they otherwise meet the requirements of this Section 14-8.4.

(I)

Parking Lots

(1)

Purpose and General Requirements

Parking lots are transitional spaces where users change modes of travel from car, bus or bicycle to pedestrian or assisted movement in wheel chairs or by other means. Parking lots shall safely and attractively serve all transportation modes, especially pedestrian. Parking lots shall complement and define the buildings they serve by the use of roadways, pedestrian ways and interior landscaping to emphasize open space, building entrances and other site or architectural elements. Parking lots shall use stormwater harvesting in parking lot islands and perimeter screening strips to reduce the use of potable water irrigation.

(2)

Perimeter Screening
(Ord. No. 2014-31 § 33)

(a)

When three or more off-street parking spaces are required, perimeter screening shall be provided. The purpose of perimeter screening of parking lots is to define parking areas, mitigate the view of cars and pavement, help direct traffic flow, provide continuity to streetscapes and obtain the environmental benefits of increased planting.

(b)

in commercial districts, wherever there is a parking lot for more than three motor vehicles and any part of the parking lot is within twenty-five (25) feet of a residential area and not separated by a public right of way, a solid masonry wall not less than four (4) feet in height shall be erected between the parking lot and the residential district boundaries.

(c)

The parking lot shall be screened from all public streets and adjacent properties by a continuous wall or bermfour (4) feet or more in height, a hedge a minimum four (4) feet high at maturity, other vegetative screening appropriate to the landscape design intent or any combination of these so long as the screening objective is achieved. Topography and adjacent uses shall be taken into account to determine the most effective means of screening.

(d)

A continuous planting strip must be provided where a parking lot abuts or occupies a street yard. The planting strip must be at least five (5) feet wide. Trees shall be planted an average of twenty-five (25) feet on center, in an area with a minimum dimension of five (5) feet and containing a minimum of seventy-five (75) square feet of permeable surface exclusive of curbing. Street trees may be counted toward the tree planting requirement of this Subsection (I)(2)(d).

(3)

Interior Parking Lot Landscape Requirements
(Ord. No. 2014-31 § 34)

(a)

The purpose of interior planting requirements in parking lots is to provide visual relief from large expanses of cars and pavement, provide shade to reduce heat and glare, help direct traffic flow and reduce and control stormwater runoff.

(b)

When forty or more off-street parking spaces are provided, interior lotlandscaping shall be provided.

(c)

No single parking area shall exceed one hundred twenty spaces unless divided into two or more subareas by an internal landscapedstreet or landscaped pedestrian way that is a minimum ten (10) feet wide.

(d)

A minimum of ten (10) square feet of permeable landscaped area shall be provided per parking space. A minimum of one deciduous tree shall be planted per ninety (90) square feet of landscaped area.

(e)

Traffic islands shall have a minimum dimension of six (6) feet and contain a minimum of ninety (90) square feet of permeable surface, exclusive of curbing, and shall be distributed throughout the lot. As a component of a stormwater management plan, traffic islands may be combined to facilitate water harvesting and these combined islands shall be distributed within each subarea.

(f)

No more than twenty cars shall be parked in a row without a planting island adjacent to the length of the parking space having a minimum area of ninety (90) square feet, and including at least one tree.

(4)

Stormwater Management

(a)

Stormwater runoff shall be used to provide irrigation for the perimeter and interior plantings to the greatest extent possible.

(b)

Stormwater runoff water shall be harvested and infiltrated as close to where it falls as possible.

(c)

The consolidation of planting islands is allowed to facilitate stormwater harvesting and promote plant growth. The consolidated planting islands shall be distributed in each subarea.

(d)

The use of biofiltration techniques such as constructed rain gardens to filter pollutants carried by runoff and infiltrate stormwater for irrigation is recommended.

(5)

Pedestrian Circulation
(Ord. No. 2014-31 § 35)

When forty or more off-street parking spaces are provided, sidewalks for primary pedestrian routes shall be provided. At a minimum this includes pedestrian ways from the primary off-site entrance or entrances to the primary building entrance or entrances.

(a)

All pedestrian ways shall be landscaped with a minimum six (6) foot wide planting strip on at least one side, exclusive of curbs, and trees an average of twenty-five (25) feet on center, parallel to and adjacent to the walkway.

(b)

If the planting strip abuts a row of parking, the tree planting areas may be included in the interior lotlandscape requirements.

(6)

Vehicle Overhangs

Vehicles may not overhang the minimum required landscaped area unless the following conditions are met, in which case adjacent parking spaces may also be reduced by the amount of the overhang:

(a)

the planting islands have a minimum depth of five (5) feet plus the amount of the overhang for each side of parking, exclusive of curbing, as defined in Section 14-8.6 (Off-Street Parking and Loading);

(b)

either curbing or wheel stops are provided; and

(c)

plant material is located outside the overhang area or is no greater than twelve (12) inches in height at maturity;

(7)

Compliance

Projects that do not require an increase in existing parking are not required to eliminate parking spaces to comply with the requirements of this Section 14-8.4. Projects that require an increase in existing parking are required to comply with the requirements of this Section 14-8.4.

(8)

Display Lots and Flea Markets

Display lots and flea markets are exempt from interior pedestrian circulation requirements, but are required to include interior landscape islands or swales for stormwater management. Such islands shall be planted with one deciduous tree per one thousand (1,000) square feet of impervious surface area.

(J)

Screening and Buffering

(1)

Wall and Fences

For any project to which this Subsection 14-8.4(J) applies, publicly visible walls and fences shall be wrought iron or simulated wrought iron, wood or simulated wood, cedar pole, adobe, split-faced concrete block, stone, stuccoed or rectangular mesh wire on wooden posts in combination with vines or other climbing plant material.

(2)

Residential Developments

(a)

(Ord. No. 2014-31 § 36) Residentialdevelopment on residentially zoned property that abuts major or secondary arterials shall be screened from those streets to mitigate noise and to promote residential privacy as follows:

(i)

Screening shall be by walls, fences, the planting of trees and shrubs or a combination of these.

(ii)

The provision of plant material shall, at a minimum, conform to the same requirements as for open space in Subsection 14-8.4(H) (Open Space Planting Require-ments).

(iii)

An alternative to screening shall be a twenty-five (25) foot setback of undisturbed trees, shrubs, grasses or landscape treatment consisting of appropriate vegetative cover.

(b)

Walls and fences that are provided as subdivision improvements for a residential subdivision or at the time of initial development of a multi-familyresidentialdevelopment comprising four or more lots or units, shall comply with the following:

(i)

Any wall or fence that is more than three (3) feet in height above finished grade on the side facing the street, shall be set back from the streetright of way line a distance equal to or greater than that height.

(ii)

The setback area required by Subsection (b)(i) shall be landscaped with plant material that consists of predominantly thorny or other barrier plantings that will cover a minimum of seventy-five percent of the ground area of the planter and that will screen a minimum of seventy-five percent of the face of the fence or wall at maturity.

(iii)

This Subsection (2)(b) does not apply within historic districts or to residentialdevelopments approved prior to March 1, 2012.

(iv)

This Subsection (2)(b) does not apply to construction of walls or fences on individual lots with single-family dwellings subsequent to the initial construction of walls or fences as subdivision improvements.

(3)

Buffer for Nonresidential Development Abutting Residential
(Ord. No. 2014-31 § 37)

(a)

Nonresidentialdevelopment that abuts a residentialdevelopment on a residentially zoned property or an undeveloped parcel in a residential zoning district shall provide a continuous landscaped buffer strip not less than fifteen (15) feet wide.

(b)

Plant material in the landscaped buffer shall, at a minimum, conform to the requirements for open space provided in Subsection 14-8.4(H).

(c)

The landscaped buffer may be considered part of any required open space so long as all other conditions of the open space requirement are satisfied.

(4)

Storage, Trash and Equipment

(a)

All trash areas, dumpsters, outdoor storage, service areas, ground and wall-mounted mechanical and electrical equipment, excluding transformers, and pedestals shall be screened so that they are not substantially visible from any public street, way or place or any adjacent residentialproperty.

(b)

Screening shall be by walls, fences or planting of trees or shrubs sufficient to meet the screening objective within two years of installation, or any combination of these so long as the screening objective is achieved. Topography and adjacent uses shall be taken into account to determine the most effective means of screening.

(c)

All trash areas, dumpsters, grease collection areas, outdoor storage, service areas and other uses that may contribute to stormwater pollution shall be constructed so as not to allow pollutants to be collected in runoff and discharged to the public stormwater system. Topography, adjacent uses and constructed barriers and stormwater treatment controls shall be taken into account and incorporated into the site design to provide the most effective means of preventing stormwater pollution.

(Ord. No. 2011-37 § 10)

(A)

Applicability

(1)

The retaining wall height standards in this Section 14.8.5 apply to the portion of a wall, fence or similar structure that supports a higher finished grade on one side than on the other. The height of the retaining wall is measured from the finished grade at the base of the wall to the finished grade at the top of the wall. (Ord. No. 2012-11 § 22)

(2)

The fence height standards in this Section 14-8.5 apply to fences, screen walls and similar structures, and hedges. Railings or similar barriers required by building or other codes to protect against falling hazards are exempt when built to the minimum height required by those codes and when constructed to maximize transparency. Fence height is measured from the finished grade at the base of the fence, excluding the height of any retaining wall upon which it is built.

(3)

Additional regulations may apply to walls and fences, including Section 14-5.2 (Historic Districts), Section 14-5.4(A)(4) (South Central Highway Corridor Overlay District Standards) and Section 14-7.1(F) (Visibility at Driveways and Yards). If those or other provisions of Chapter 14 conflict with the requirements of this Section 14-8.5, conflicts shall be resolved pursuant to Section 14-1.7 (Conflicting Provisions).

(B)

Maximum Height of Retaining Walls and Fences

(1)

Maximum Height of Retaining Walls

(a)

No retaining wall shall exceed six (6) feet in height.

(b)

Retaining walls shall be stepped or terraced so that they are separated by a distance equal to the height of the higher wall.

(2)

Maximum Height of Fences
(Ord. No. 2013-16 § 49)

(a)

On a property developed for residential use or on undeveloped property zoned for residential use, no fence shall exceed six (6) feet in height except that:

(i)

along the common property line with a property developed for or zoned for nonresidential use, the maximum height of fences is eight (8) feet; and

(ii)

within a residentialcompound, the maximum height of fences is eight (8) feet.

(b)

On a property developed for nonresidential use or on undeveloped property zoned for nonresidential use, no fence shall exceed eight (8) feet in height.

(c)

Walls and fences may exceed the height limit over pedestrian or vehicular gates.

(3)

Maximum Height of Fences Built on Retaining Walls

In addition to the height limits in Subsections 14-8.5(B)(1) and (2), the combined height of a fence built on a retaining wall shall not exceed the maximum fence height plus four (4) feet as measured above the finished grade on the downslope side.

(C)

Additional Fence Regulations for Specified Nonresidential Uses

(1)

For neighborhood grocery stores or laundromats catering to local pedestrian trade in a residential district, there must be a solid masonry wall not less than six (6) feet in height erected along side and rear lot lines with adjoining residentiallots.

(2)

For a parking lot contiguous to a residential district or one or more of the RAC, AC, SC or I districts, a six (6) foot solid masonry wall shall be erected along edges of portions of the parking lot adjoining property in the residential district; provided, however, that in the frontrequired yard, the maximum height of a wall or fence shall be three (3) feet.

(3)

In outdoor storage yards or salvage yards, a solid wall or fence at least six (6) feet in height, with access only through solid gates that are kept closed when not in use, shall be erected around the entire yard. No object shall be stacked or stored higher than the minimum height of the enclosing wall or fence.

(Ord. No. 2011-37 § 10; Ord. No. 2012-11 §23)

(A)

Specific Parking Requirements

The minimum number of off-street parking spaces shall be provided in accordance with Table 14-8.6-1 Parking and Loading Requirements. [Editor's Note: Table is Exhibit A located in the Appendix following Section 14-12.]

(B)

Standards for Off-Street Parking Spaces and Parking Lots

(1)

General Standards
(Ord. No. 2014-4; Ord. No. 2014-31 § 38)

All off-street parking spaces and lots shall meet the standards set forth in this Subsection 14-8.6(B) and any additional standards shown on an approved site plan:

(a)

they shall be designed, maintained and regulated so that no parking or maneuvering incidental to parking shall be on any street, walk or alley; provided that the public works director may approve parking lots serving one or two dwelling units and comprising four or fewer parking spaces designed to allow vehicles to back onto a street classified as a subcollector or lane, onto a walk or alley, or in exceptional circumstances onto a street classified as an arterial or collector;

(b)

they shall be designed so that vehicles may be removed without moving another vehicle except in attended lots, or single-family dwellings where not more than two spaces assigned for use to the same dwelling unit may be arranged in tandem;

(c)

they shall have barriers that prevent vehicles from extending over the public sidewalks, abutting lots or the minimum required landscaped area, and that prevent vehicles from obstructing building entries and ADA accessible routes;

(d)

they shall be designed to discourage parking lot traffic from accessing directly onto major arterial streets, unless no reasonable alternative is available;

(e)

they shall be appropriately marked to indicate the location of the spaces; and

(f)

if they are required parking spaces, they shall be available at all times for parking the personal vehicles of employees and customers or residents and guests for which the spaces are required. Required parking spaces shall be unobstructed and shall not be used for storage, display, sales or parking of commercial or other vehicles used by employees in the conduct of the use for which the spaces are required, unless an itinerant vending permit or special use permit has been issued. Required off-street loading spaces shall not be included as off-street parking spaces in the computation of required off-street parking.

(g)

To the extent feasible, driveway or parking lot aisles shall not direct vehicle traffic toward a primary pedestrian entryway to a nonresidential or multiple family residentialbuilding.

(i)

A driveway or parking lot aisle that is oriented toward a primary pedestrian entryway to a nonresidential or multiple family residentialbuilding shall have bollards or other safety barriers that prevent accidental vehicle collisions with the entryway and pedestrians in front of the entryway.

(ii)

Compliance with the provisions of this Subsection 14-8.6(B)(1)(g) is required for the types of projects identified in Subsection 14-8.4(B)(1) Landscape and Site Design Applicability. For additions or remodelingprojects as described in Subsection 14-8.4(B)(1)(d)(ii), the total cost for required safety barriers shall not exceed twenty percent of the project's construction valuation, in addition to the cost of landscape improvements.

(2)

Parking Space Requirements

(a)

Required parking spaces shall be arranged and constructed in accordance with parking and driveway standards contained in Illustrations 14-8.6-1, 2 and 3. [Editor's Note: Illustrations are Exhibit B Illustrations of Parking Space Layout and Dimensional Standards located in the Appendix following Section 14-12.].

(b)

No required off-street parking space shall be located within the right-of-way of any street, roadway or public alley.

(c)

Calculations of the number of spaces required shall be rounded up to the next whole number.

(3)

Changes in Use

(a)

When the type or intensity of use of any building, structure or premises is increased by any means, including through addition of dwelling units, gross floor area or seating capacity, off-street parking shall be supplemented to accommodate the intensified use.

(b)

For a use that is legally noncomforming with regard to the number of parking spaces provided, the number of spaces that are lacking may be subtracted from the number of required off-street parking spaces for a new use at the same location so that the degree of nonconformity is maintained but is not increased.

(4)

Combined Uses; Shared Parking (Ord. No. 2016-39 § 5)

(a)

Combined uses on the same premises shall provide the combined total number of spaces required for each use separately, unless a shared parking plan is approved.

(b)

Uses on premises comprising more than one legal lot of record may provide shared parking in accordance with an approved shared parking plan.

(c)

Parking required for uses located on adjoining lots in RAC, C, BCD, BIP, MU, SC or I districts, for institutional uses located on adjoining lots in residential districts, or for a qualifying project within the Midtown LINC Overlay District, may be provided on a joint basis. Within the joint parking areas, the spaces required for each of the participating uses shall be marked on the parking plan and maintained as allocated to the individual use, unless a shared parking plan is approved. (Ord. No. 2013-16 § 50)

(d)

Cumulative parking space requirements for mixed-use occupancies or adjoining mixed uses may be reduced if the applicant demonstrates that the peak requirements of the several occupancies occur at different times, such as mid-day for office uses and evening for residential uses, as supported by a parking demand study.

(e)

Reduction in the total number of spaces required by the addition of all uses in the BCD or as specified in Subsection 14-8.6(A) may be approved by a land use board pursuant to a special use permit or development plan if the reduction is supported by a parking demand study.

(f)

Reduction in the total number of spaces required by this Section 14-8.6 for qualifying projects within the Midtown LINC Overlay District shall be approved by the land use director pursuant to Subsection 14-3.8(B)(9) if the reduction is supported by a parking demand study prepared by the qualifying project applicant. In addition to the shared parking provisions of this Subsection, the total number of spaces required as determined by a shared parking plan or parking demand study may be reduced by the number of on-street parking spaces present in the Midtown LINC Overlay District adjacent to a qualifying project.

(5)

Parking Spaces Designated for Persons with Disabilities

Parking lots shall comply with applicable standards for provision of parking spaces designated for persons with disabilities contained in construction codes adopted pursuant to Chapter 7 SFCC 1987 (Building and Housing) and pursuant to New Mexico laws and regulations, including standards for compliance with the federal Americans with Disabilities Act.

(6)

Parking Structures

(a)

Parking structures shall have architecturally compatible, articulated façades designed to screen the view of parked vehicles from all floors above the ground floor except on façades abutting an alley.

(b)

In a MU district, if eighty percent of the ground floor of any side of an above-grade parking structure is adjacent to a public street, except an alley, or adjacent to a public open space or plaza, it shall be constructed to an adequate depth to allow future occupancy by a commercial or other non-parking permitted use allowed in the MU district.

(7)

Reduction of Parking Requirements for Transit Facility

The off-street parking requirements set forth in Subsection 14-8.6(B) may be reduced up to five percent if the property owner enters into an agreement with the City wherein the property owner grants the City the right to use a portion of the property for a City transit facility.

(a)

Whether or not the site is a suitable location for a transit facility is at the sole discretion of the City.

(b)

The amount of reduction and the terms of the agreement shall be subject to review and recommendation by the planning and land use department, the Transit Division and the City Attorney's Office and shall be based upon the City's specific transit needs at the site, the anticipated reduction in parking demand due to the facility and specific characteristics and considerations of the site. (Ord. #2020-22, § 16)

(c)

The agreement may be in the form of an easement, dedication or long term lease approved by the Governing Body.

(C)

Provisions for Specific Districts

(1)

Off Street Visitor Parking in Single Family Developments

In single familyresidentialdevelopments, depending on the size and layout of the development and if driveways are located in such proximity to each other that adequate visitor parking is unavailable on the street, the planning commission may require that additional visitor parking of up to one-half space per dwelling unit be accommodated within the development.

(2)

BCD, C-2

(a)

In the BCD district, there shall be provided the minimum number of off-street parking spaces as follows:

(i)

For residential uses, one space for each dwelling unit;

(ii)

For commercial uses: (1) One parking space for each five hundred (500) square feet of net leasable floor area for office uses; (2) One parking space for each three hundred fifty (350) square feet of net leasable floor area for other commercial uses, except that the requirements for hotels and motels shall be one parking space for each rental unit;

(iii)

For all uses not classified as commercial or residential, the applicable standards set forth in Table 14-8.6-1 located in the appendix following Section 14-12 shall apply;

(b)

In the BCD or C-2 district, the parking requirements established in this Subsection (D)(2) shall be met at the time of application for certificates of occupancy or for business registration by either on-site off-street parking or off-street parking located within six hundred (600) feet of the nearest property line of the parcel. Leased parking is not acceptable unless documentation is shown for a lease of a minimum of five years and that the lease of such parking will not cause the lessor property to be in noncompliance with parking requirements. The lessee shall submit a site plan with the application that delineates the available parking spaces on the lessor property and the spaces to be leased. The leased parking spaces shall be designated for the exclusive use of the lessee on the site plan and shall be so reserved by clear, appropriate signage on the lessor property.

(c)

Parking spaces in the BCD that are not in conformance with Appendix Table B shall not be considered legal spaces in determining whether the lessor property has sufficient parking spaces to lease under the provisions of Subsection 14-8.6(D)(2)(b). After the expiration of the lease period, the business registration shall not be issued unless renewal of the lease or a new lease, and compliance of the lessor property with the parking requirements of this Subsection 14-8.6(D)(2)(c), are documented;

(d)

Any modification of the parking requirements granted by the board of adjustment shall not constitute a waiver of the assessment fee; and

(e)

Assessment districts - Reserved

(3)

BIP Districts

(a)

The configuration and distribution of parking areas may be proposed for the entire site or portions of the site and need not be allocated on an individual lot basis.

(b)

Quantities and sizes of parking and loading spaces shall be as required in Subsections 14-8.6(A) and (B). Truck loading shall be confined to the rear and sides of buildings. To the extent possible, areas for outdoor storage, trash collection and loading shall not be located adjacent to residentiallots. Where such facilities are located adjacent to residentiallots, they shall include a solid acoustic buffer. In all cases, the areas shall be effectively screened from public view. Signs shall be installed prohibiting vehicular idling in areas adjacent to residentiallots. Areas for outdoor storage, trash collection and loading shall be incorporated into the primary building design and construction for these areas shall be of materials of comparable in quality and appearance to the building. Visual and acoustic impacts of these functions shall be mitigated to the greatest extent possible. When the loading or refuse collection area is adjacent to a residential district, signs shall be installed prohibiting deliveries and collections between 10:00 p.m. and 6:00 a.m.

(4)

MU District

(a)

The configuration and distribution of parking areas may be proposed for the entire site or portions of the site and need not be allocated on an individual lot basis.

(b)

Quantities and sizes of parking and loading areas shall be as required in Subsections 14-8.6(A) and (B); however, the quantity of parking provided may be reduced if approved by the planning commission concurrently with the development plan.

(D)

Loading Standards

(1)

General Requirements
(Ord. No. 2014-31 § 39)

(a)

Loading space shall be paved in conformance with paving requirements specified in off-street parking standards.

(b)

All permitted or permissible uses requiring loading space for normal operations shall provide adequate loading space so that no vehicle being loaded or unloaded in connection with normal operation shall stand in or project into any public street, walk, alleyway, frontrequired yard, required parking space or access aisle, common ingress-egress easement, or ADA accessibility route, or obstruct a building entry or exit.

(c)

The minimum dimensions of the loading space shall be scaled to accommodate the largest vehicle used for pickups and deliveries, including vertical clearance.

(2)

Additional District-Specific Requirements

(a)

In SC districts, space for normal off-street loading operations shall be provided at the rear or side of or beneath any shopping center building.

(b)

In I-1, I-2 and BCD districts, there shall be an adequate area for the storing of all vehicles used incidental to or as part of the primary operation of the establishment.

(c)

In the C-2 district, loading areas shall not be allowed within fifty (50) feet of the front lot line and truck loading shall be confined to the rear or sides of buildings.

(E)

Off-Street Bicycle Parking

(Ord. No. 2016-10)

(1)

Applicability

Off-street bicycle space parking standards shall apply to all uses except single family residential uses. Off-street bicycle parking is required for new development, or when an existing development increases in intensity by twenty-five percent or more, as measured by increases in floor area, seating capacity, or required parking spaces.

(2)

Bicycle Parking

(a)

Standards. Bicycle parking must be provided in racks that meet the standards outlined in Exhibit D. (Editor's Note: Exhibit D is located in the Land Development Appendix following Section 14-12.)

(b)

Location. Bicycle parking must be located within fifty (50) feet of the main entrance to the building as measured along the most direct pedestrian access route. Location shall not impede pedestrian access.

(3)

Number of Required Bicycle Parking Spaces. Off-street bicycle spaces and racks shall be provided in accordance with Exhibit C Off-Street Bicycle Parking Tables 14-8.6-3, 14-8.6-4,14-8.6-5 and 14-8.6-6. (Editor's Note: Exhibit C tables are located in the Land Development Appendix following Section 14-12.)

(F)

Procedures for Securing Approval

(1)

Applications; Parking Plan

Applications for construction permits, special use permits, development plans or other development approvals shall include parking plans that show compliance with applicable requirements of this Section 14-8.6, adopted parking and driveway standards and other applicable provisions of Chapter 14 as required by the land use director. The applicant shall also obtain any access permits required by Chapter 23 SFCC 1987 (Streets, Highways and Public Places) or required by state or federal law or regulation.

(2)

Review of Plans

Parking plans, including shared parking plans, shall be reviewed by the land use director for compliance with this Section 14-8.6.

(3)

Special Provisions for Shared Parking Plans

(a)

An application for a shared parking plan shall contain a parking demand study or other information required by the land use director and shall include plans showing the proposed shared parking facilities in relation to the uses for which they are to be provided.

(b)

Pursuant to the same procedure and subject to the same limitations and requirements by which the shared parking plan is approved, a shared parking plan may be amended or withdrawn, either partially or completely, if all land and structures remaining under the special plan and if all land and structures withdrawn from the shared parking plan comply with the provisions of this article.

(c)

Upon approval of a shared parking plan, a copy of the plan shall be recorded in the office of the county clerk and its contents shall:

(i)

be binding upon the applicants, their heirs, successors and assigns;

(ii)

limit and control the issuance and validity of all construction permits and certificates; and

(iii)

restrict and limit the use and operation of all land and structures included within the shared-use plan to conditions and limitations specified in the plan.

(Ord. No. 2011-37 § 10)

(A)

Findings and Purpose

(1)

The governing body finds that it is in the interest of Santa Fe's social and economic welfare to preserve and promote Santa Fe's unique cultural heritage, distinct visual character and regional architectural traditions.

(2)

The governing body finds that creation of an aesthetically cohesive and harmonious urban townscape is essential to maintaining Santa Fe's exceptional cultural and visual character.

(3)

The governing body finds that in order for Santa Fe's urban townscape to be one of visual cohesion and identity rather than visual clutter and anonymity, architecture outside the historic districts must possess a degree of compatibility with architecture inside the historic districts.

(4)

Because Santa Fe's distinct visual character and regional architectural traditions are deemed essential to the welfare of the city's citizens, the governing body hereby establishes an architectural design review process to review building massing, form, color, proportion, texture and materials as part of the construction permit process for areas outside the historic districts.

(5)

The architectural design review process is intended to promote beauty and visual harmony throughout Santa Fe and to encourage respect for the traditional character and quality of wall-dominated architecture. This Section 14-8.7 does not promote or require adherence to a particular architectural style, but rather to the general qualities that have given Santa Fe architecture its unique and appealing character.

(6)

The architectural design review process is not intended to stifle architectural creativity, to decrease or limit one's use of property or to impose undue economic hardship on any propertyowner as a result of the requirements set forth in this Section 14-8.7.

(B)

Applicability and Procedures

The list of projects subject to the architectural design review requirements of this Section 14-8.7 and the procedure for scoring such projects are set forth in Section 14-3.11(C).

(C)

Total Points Required

The total number of points required for a given project are set forth in this Subsection 14-8.7(C);

(1)

Point Requirements for New Construction

Point requirements for new construction, excluding additions, vary according to the zoning district in which the project is located.

TABLE 14-8.7-1: Point Requirements by Zoning District
(Ord. No. 2013-16 § 51)

(2)

Additions to Nonconforming Buildings

Point requirements for additions to a building that conforms to the provisions of this Section 14-8.7 are as set forth for new construction in Subsection 14-8.7(C)(1) for the entire property, including both existing and proposed publicly visible improvements. Point requirements for additions to a building that is legally nonconforming with regard to the provisions of this Subsection 14-8.7(C) shall be as provided in Subsections 14-8.7(C)(2)(a), (b) or (c).

(a)

If a proposed addition to a legal nonconforming building increases the gross floor area on a lot by more than seventy-five percent of the original floor area, architectural design points shall be calculated based on the entire property, both existing and proposed publicly visible improvements.

(b)

If a proposed addition to a legal nonconforming building increases the gross floor area on a lot by less than or equal to seventy-five percent of the original floor area, architectural design points shall be calculated based on the new construction only.

(c)

A specific number of architectural design points is not required for structurally connected additions that do not exceed twenty-five percent of the gross floor area of the existing legal nonconforming building and that match the existing architecture.

(d)

A specific number of architectural design points is not required for structurally connected additions to buildings of unique architectural merit, as determined on a case-by-case basis by the land use director in consultation with the state historic preservation division and the Santa Fe chapter of the American institute of architects, that either match the existing architecture or comply with the secretary of the interior's standards for rehabilitation. Architectural review in such cases shall be performed by the land use director.

(e)

For the purposes of this Section 14-8.7 "addition" means additional gross floor area constructed on a single lot and "structurally connected addition" means additional gross floor area that directly adjoins and abuts an existing building.

(3)

Remodeling, Repainting and Restuccoing in a Different Color

Point requirements for exterior remodeling requiring structural alterations and involving more than fifty percent of a building's total publicly visible façade and roof area are as set forth for new construction in Subsection 14-8.7(C)(1). Architectural design points shall be calculated based on the entire building, both existing and publicly visible new construction. Cosmetic remodeling, repainting, restuccoing in a different color or exterior remodeling requiring structural alterations and involving less than or equal to fifty percent of a building's total publicly visiblefaçade and roof area do not require any specific number of architectural design points; however, no proposed architectural design shall result in the assignment of negative points. For the purposes of this Section 14-8.7, "structural alteration" means the addition or deletion of building elements, including doors, windows or fenestration and any changes in the type of finish material used.

(D)

Architectural Design Standards and Point Allocations

Point allotments are granted to building projects according to the criteria set forth in this Subsection 14-8.7(D). The total number of points required for a given project shall be as set forth in Subsection 14-8.7(C). Points shall be calculated only for those architectural design features that are publicly visible from a street, way or public place. All exterior architectural design features shall be considered publicly visible unless the applicant can show otherwise. Partial point allotments shall not be granted. If a building feature or element cannot be evaluated because it is not required and does not exist, the maximum allowable point allotment for that feature or element shall be granted. For the purposes of this Section 14-8.7, "predominant" means having the most publicly visible surface area.

Table 14-8.7-2: Architectural Design Standards and Point Allocations
(Ord. No. 2016-39 § 6)

(E)

Explanatory Handbook

The governing body may adopt by resolution guidelines, graphics and other information in handbook form to clarify, explain and expedite the use and enforcement of this Subsection 14-8.7(E).

(Ord. No. 2011-37 § 10)

(A)

Purpose and Intent

The purpose of this Section 14-8.8 is to:

(1)

break up the apparent mass and scale of large retail structures to ensure that the development is compatible with and does not detract from Santa Fe's unique historic character, scale and sense of place;

(2)

help integrate large retail structures with their surroundings;

(3)

promote and facilitate a safe and comfortable pedestrian scale environment;

(4)

encourage a mixture of uses and sizes of structures; and

(5)

reduce the visual impact of large areas of parking;

(6)

address economic impacts of large scale retail structures. (Ord. No. 2012-11 § 24)

(B)

Applicability

(1)

Standards

(a)

In addition to compliance with all other requirements of Chapter 14, new construction and alteration of retail structures exceeding thirty thousand (30,000) square feet of gross floor area shall comply with the standards established by this Section 14-8.8.

(b)

Existing structures that are legally nonconforming to the provisions of this Section 14-8.8 and that are to be remodeled or enlarged shall comply as provided in Subsections 14-8.8(B)(2) and (3). The extent of modification is based on the cumulative square footage of additions and the cumulative value of remodeling that has occurred since January 1, 2001.

(2)

Additions

(a)

Additions of five percent or more to the square footage of the gross floor area of an existing retail structure, that is already at least thirty thousand (30,000) square feet of gross floor area or that would become thirty thousand (30,000) square feet of gross floor area or more after the addition, shall comply with Subsections 14-8.8(E)(3) through (7).

(b)

Additions of ten percent or more to the square footage of the gross floor area of an existing retail structure, that is already at least thirty thousand (30,000) square feet of gross floor area or that would become thirty thousand(30,000)square feet of gross floor area or more after the addition, shall comply with the provisions listed in Subsection 14-8.8(B)(3)(a) and with Subsections 14-8.8(D)(1) and (2) and (E)(5)(a). Compliance with Subsections 14-8.8(E)(2) and (5)(a) shall be to the extent possible as determined by the land use director.

(3)

Remodeling

(a)

When the value of proposed remodeling exceeds ten percent of the value of an existing retail structure that is greater than thirty thousand (30,000) square feet of gross floor area, compliance with Subsections 14-8.8(E)(3) and (4), (5)(b) and (c), (6) and (7) is required.

(b)

When the value of the proposed remodeling exceeds twenty five percent of the value of an existing retail structure that is greater than thirty thousand (30,000) square feet of gross floor area, compliance with this Subsection 14-8.8(B) and with Subsections (D)(1) and (2) and (E)(1), (2) and (5)(a) is required. Compliance with Subsections 14-8.8(E)(2) and (5)(a) shall be to the extent possible as determined by the land use director.

TABLE 14-8.8-1: Regulatory Triggers for Retail Establishments
Thirty Thousand Gross Square Feet and Larger

(4)

Waivers

The planning commission may grant waivers to the standards of this Section 14-8.8 under the following circumstances:

(a)

the proposed alternative building or site design satisfies the intent of Chapter 14 as well or better than would strict compliance with the standard or the new siting of parking areas and buildings in relation to the street is not possible with the remodel or addition; and

(b)

granting of the waiver would not impose significantly more negative impacts on nearby properties.

(C)

Maximum Commercial Activity Areas

In no case shall any one retail establishment exceed one hundred fifty thousand (150,000) square feet of gross floor area in combination with all outdoor display, sales, rental or storage. The outdoor display, sales, rental or storage of new or used automobiles, recreational vehicles or mobile homes is not subject to this limit.

(D)

Architecture

The following standards apply to all publicly visible parts of a structure:

(1)

Massing

(a)

Every thirty thousand (30,000) square feet of gross floor area shall be designed to appear as a minimum of one distinct building mass, preferably with two or more building masses expressed.

(b)

Horizontal wallplane projections of all publicly visible façades must be a minimum depth of three percent of the length of the façade and must extend at least twenty percent of the length of the façade.

(2)

Entryways and Architectural Features

Multiple entryways or architectural features shall be incorporated into the design to break up the apparent mass and scale of large retail structures. Entrances may be to tenant spaces other than the primary retail tenant.

(a)

For structures less than seventy-five thousand (75,000) square feet of gross floor area there shall be a clearly articulated public entrance on at least two sides of the structure. At least one of these entrances shall be visible from a public street and connected to that street by a pedestrian sidewalk. It is permissible to have pedestrians cross vehicular traffic within the parking lot so long as a sidewalk is provided. When structures are adjacent to a residentially zoned district and separated from that district by either a public or private street, and where residential uses front or may reasonably be expected to front that street, the structure shall have at least one entryway on that side.

(b)

Structures with tenants occupying greater than seventy-five thousand (75,000) square feet of gross floor area shall provide either a significant pedestrian amenity or a public entrance, at a minimum of one per seventy-five (75) linear feet of publicly visible façade. The public entrance may be to either the principal retail use or to any other tenant. Examples of significant pedestrian amenities include outdoor seating areas, play areas for children and public courtyards. This provision does not apply to more than three sides of any structure.

(3)

Height

Height is regulated by the underlying zoning district regulations, but shall be further restricted as follows if the retail structure adjoins residentialdevelopment as follows:

(a)

the maximum height, not including parapet, of any structure within one hundred (100) feet of a residential zoning district property line shall be twenty-four (24) feet or one hundred ten percent of the average of the heights of adjacent residentialbuildings, whichever is less; and

(b)

structures may exceed the heights specified in Subsection 14-8.8(D)(3)(a), up to the limit specified in the zoning district in which they are located, if the structure wall is stepped back two (2) horizontal feet for each vertical foot of additional height up to the maximum permitted after the first twelve (12) feet of height.

(4)

Architectural Unity

All new construction, additions and remodeling on the same site shall be related in architectural style, color scheme and building materials.

(E)

Site and Contextual Planning

(1)

Integration into the Street Network

Vehicular access to the site shall be from streets other than arterial wherever possible. If access from an arterial is necessary, right turns in and out from the arterial are required. Insofar as possible, delivery vehicles shall not access the site from sub-collector or smaller streets that serve residential neighborhoods. Internal and new streets shall connect to existing streets or be designed to facilitate future connections to the maximum extent possible.

(2)

Minimum Tenant Mix

Developments with a single retail establishment occupying greater than seventy-five thousand (75,000) square feet of gross floor area shall provide additional tenant spaces, not greater than thirty thousand (30,000) square feet in gross floor area each, whose total gross square footage is equal to or exceeds twenty-five percent of the largest retail establishment.

(3)

Pedestrian Circulation and Amenities

A safe and landscaped pedestrian circulation system shall be provided on-site that connects to public streets and neighborhoods. Pedestrian walkways within the development shall be differentiated from driving surfaces through a change in materials. At least one significant pedestrian amenity, such as an outdoor seating area, play area for children or courtyard, shall be provided for every seventy-five thousand (75,000) square feet of gross floor area. Required pedestrian amenities may be combined into one or more locations to create a larger amenity, as long as all other provisions of this Section 14-8.8 are satisfied.

(4)

Lighting

Retail structures to which this Section 14-8.8 applies shall make accommodations when located next to residentialdevelopment or undeveloped residentialproperty as follows:

(a)

light design and installation shall emphasize low-level uniform lighting to avoid abrupt changes from bright lights to darkness. In order to protect nearby residentialproperties from the greater or more intensive lighting because of the large retail structures, nuisance glare is prohibited. In addition, structures shall meet the following requirements:

(b)

parking and security lights shall be no taller than any building on the site, or twenty-four (24) feet above the pavement, whichever is less; and

(c)

street lights shall not be no taller than twenty-four (24) feet above the pavement.

(5)

Parking and vehicular circulation

Parking facilities shall safely and attractively serve all modes of transportation, especially pedestrian.

(a)

Screening

(i)

seventy-five percent of the lot frontage adjacent to any arterial street, exclusive of vehicular and pedestrian entrances, shall provide screening of on-site parking by means of on-site buildings or other architectural features, which may include the primary structure.

(ii)

fifty percent of the lot frontage adjacent to all other streets shall provide screening of on-site parking by means of on-site buildings.

(iii)

lot frontage adjacent to residential uses or residential zoning districts shall provide screening of on-site parking by means of walls, landscaping or buildings.

(b)

Surface Parking

No single parking area shall exceed one hundred twenty spaces unless divided into subareas of fewer than one hundred twenty spaces each by a building, internal landscapedstreet or landscaped pedestrian way.

(6)

Public Transit

A structure that has one or more tenants of seventy-five thousand (75,000) gross square feet or more and that is adjacent to an arterial street, which is or may be on a transit route as determined by the city transit division, shall provide for on-site or adjacent to the site accommodations for public transit access, including a bus pullout and shelter.

(7)

Outdoor Storage, Display, Sales, Rental and Service

To the extent possible, areas for outdoor storage, display, sales, rental, trash collection and loading shall not be located adjacent to residentiallots. Where such facilities are located adjacent to residentiallots, they shall include a solid acoustic buffer. In all cases, such facilities shall be effectively screened from public view. To the extent possible, idling of delivery trucks shall not be allowed in areas adjacent to residentiallots. Signs shall be installed advising tenants not to allow idling of delivery trucks in areas adjacent to residentiallots. Areas for outdoor storage, trash collection and loading shall be incorporated into the primary building design and construction and shall be of materials of comparable quality and appearance as that of the primary building. Outdoor storage, display, sales or rental areas shall be adjacent to the primary building. Outdoor storage, display, sales or rental areas shall be designed to minimize visual clutter. Visual and acoustic impacts of these functions shall be mitigated to the greatest extent possible. When the loading or trash collection area is adjacent to a residential district, deliveries and collections shall not occur between 10:00 p.m. and 6:00 a.m.

(F)

Economic Impact Study

(1)

For all new retail establishments that are one hundred thousand (100,000) gross square feet and larger, the city shall commission a report on the predicted economic impact of that business from an economist qualified by the city pursuant to Subsection 14-8.8(F)(4). The report shall be available prior to the first public hearing required for the project. The applicant shall reimburse the city for the cost of the study prior to the hearing.

(2)

The report shall include the following:

(a)

net impact on gross receipts tax collections, including taxes from the proposed construction activity as well as the proposed business;

(b)

cost and burden on government for services for the business and for the employees;

(c)

impact on jobs, including the number and types of jobs, wages paid, benefits paid and changes in the number of union jobs, and the company's history of labor and employment practices;

(d)

impact on the choice of goods and services for consumers;

(e)

impact on the costs of goods and services for consumers and potential changes on discretionary spending available to consumers;

(f)

physical impact on cityinfrastructure compared to impact fees collected;

(g)

retention of revenue in the local economy; and

(h)

opportunities for local suppliers.

(3)

The results of the economic impact study may be used to require the applicants to address or offset negative economic impacts, if any, as a part of the approval process.

(4)

The city shall, through the request for qualifications process, develop and maintain a list of economists who are qualified to do economic impact studies pursuant to this Section 14-8.8.

(Ord. No. 2011-37 § 10)

(A)

Purpose

The purpose of this Section 14-8.9 is to regulate outdoor lighting in order to reduce light pollution, reduce or prevent glare, reduce or prevent light trespass, conserve energy, promote a sense of safety and security and ensure aesthetically appropriate outdoor lighting in keeping with the character of Santa Fe.

(B)

Applicability and General Provisions

(1)

All new outdoor luminaires installed on private or cityproperty shall comply with this Section 14-8.9.

(2)

All outdoor luminaires existing and legally installed and operative before the effective date of this Section 14-8.9 are exempt from these requirements.

(3)

If a nonconforming luminaire is replaced, the replacement luminaire shall meet the requirements of this Section 14-8.9. Modifications to nonconforming luminaires in the historic districts shall also comply with Section 14-5.2 (Historic Districts).

(4)

Agencies of the county, state and federal governments are encouraged to comply with the provisions of this Section 14-8.9.

(5)

This Section 14-8.9 applies to street lighting as well as other types of lighting.

(C)

Submittals

(1)

Applications for construction permits or applications for review by the historic districts review board that include the installation or replacement of outdoor lighting fixtures for new construction, additions or remodeling shall contain the following information:

(a)

plans indicating the location, type and height of both building and ground mounted luminaires;

(b)

a description of the luminaires, including lamps, poles or other supports, and shielding devices, that may be provided as catalogue cuts from the manufacturer; and

(c)

photometric data, such as that furnished by the manufacturer, showing the angle of light emission

(2)

Applications for single-familyresidential or other projects where no lamp exceeds one hundred sixty watts are not required to comply with Subsection 14-8.9(C)(1).

(D)

General Standards

(1)

The following type of lamps are allowed and shall be shielded as provided in the table.

Table 14-8.9-1: Lamp Types and Required Shielding

(2)

Illumination levels and uniformity shall be in accordance with current recommended practices of the Illuminating Engineering Society of North America (IESNA) as available from the land use director. Recommended standards of IESNA shall not be exceeded.

(3)

All outdoor luminaires shall be designed, installed, located and maintained such that nuisance glare onto adjacent properties or streets shall be minimized to the greatest extent practicable. Disabling glare onto adjacent properties or streets is not allowed.

(4)

Except for certain structures in the historic districts or landmark structures, which are regulated by Section 14-8.10(H), accent lighting shall be directed onto the building or object and not toward the sky or onto adjacent properties. Direct light emissions must not be visible above the roof line or beyond the building edge.

(E)

Maximum Illumination Standards

(1)

Illumination levels shall not exceed the standards in Table 14-8.9-2.

Table 14-8.9-2 Average Maintained Horizontal Footcandles at Grade

(2)

In all cases, the average maintained footcandles at residentialproperty lines shall be zero.

(3)

Higher levels of illumination may be appropriate for specific or unusual applications. Requests for higher allowed levels may be considered for individual projects or locations. An applicant for illumination levels higher than those in Table 14-8.9-2 must justify the request in writing to the land use director, who shall have sole authority to grant or deny the request. Additional standards of the Illuminating Engineering Society of North America (IESNA) shall be the preferred justification for consideration.

(F)

Maintenance

The propertyowner or tenant is responsible for properly maintaining illumination levels and required shielding.

(G)

Further Restrictions

The city reserves the right to further restrict outdoor lighting, including restrictions on pole height and level of illumination, when it is deemed to be in the best public interest in keeping with the stated purpose of this Section 14-8.9.

(Ord. No. 2001-38 § 2)

(A)

Purpose; Applicability

(1)

Purpose

Section 14-8.10 is intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe and attractive environment within the city, and the need for effective communications including business identification. It is the intent of this section to promote the health, safety, general welfare, and aesthetics of the city by regulating signs that are intended to provide reasonable communication to the public to achieve the following specific purposes:

(a)

To eliminate potential hazards to motorists and pedestrians using the public streets, sidewalks, and rights-of-way;

(b)

To safeguard and enhance private investment and property values;

(c)

To control public nuisances;

(d)

To protect government investments in public buildings, streets, sidewalks, traffic control and utility devices, parks, and open spaces;

(e)

To preserve and improve the appearance of the city through adherence to reasonable aesthetic principles, in order to create an environment that is attractive to residents and to nonresidents who come to live, visit, work, or trade;

(f)

To eliminate excessive and confusing sign displays; and

(g)

To encourage signs which by their design are integrated with and harmonious to the surrounding environment and the buildings and sites they occupy.

(2)

Applicability

(a)

No signs intended to be read from off the premises shall be erected or constructed without a buildingpermit, except as otherwise provided in this section. Except as set forth in paragraph (b) below, all signs in all zoning districts shall conform to the requirements set forth in this section.

(b)

Section 14-8.10 shall not apply to banners that the city uses to identify the geographic location associated with local business groups, neighborhoods, or community groups; the dates associated with important civic milestones, activities, or holidays; or a sense of place and community; and that are erected by the city or a permittee.

i.

All banner designs must include the words "City of Santa Fe" in a standard format authorized by the planning and land use department or the official city seal. (Ord. #2020-22, § 16)

ii.

The city's planning and land use department and the city attorney must approve banner designs as to their compliance with this exception to Section 14-8.10; and the public works department must approve the proposed manner and location of installation. (Ord. #2020-22, § 16)

iii.

After a proposed banner's design and installation are approved administratively, the governing body may permit a banner's use by adopting a resolution.

iv.

A resolution adopting a banner's use shall express the governing body's discretion in specifying the appropriate date(s), location(s), number, installation, maintenance, and cost allocation, if applicable. The city shall not be responsible for any costs associated with third-party to erect banners requests beginning January 1, 2020.

v.

By erecting or permitting banners on city-owned property, the city does not intend to create or open city property as a public forum for expressive activity; nor does the city intend to create a venue or forum for political, religious, or other controversial subjects or non-city speech.

(Ord. No. 2019-5 § 2)

(B)

General Provisions

(1)

Sign Illumination

Sign illumination shall be either indirect with the source of light concealed from direct view or shall be through translucent light diffusing materials. There shall be no exposed electrical conduits. However, outside historic districts and except for landmarksstructures, electronic messaging signs as set forth in Subsection 14-8.10(C)(5)(b) and electricity activated gas tubing, including neon, is allowed. (Ord. No. 2009-29 § 2)

(2)

Building Permits Required

Building permits shall be secured for all signs, including signs in the historic districts, except where stated otherwise. (Ord. No. 2002-37 § 98)

(3)

Setback Requirements Apply

The setback requirement for each district shall apply to the placement of all signs.

(4)

Maximum Number of Colors and Lettering Styles

For any one sign, including frame and poles, there shall be no more than three colors and no more than two lettering styles. At least one of the colors shall match one of the predominant colors in the building.

(5)

Sign Surface Area

(a)

The net geometric area shall be the area enclosed by the sign, including all elements such as borders or frames, perforated or solid background;

(b)

The area of double-faced signs shall be computed for one face only;

(c)

The supports, uprights or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structure area is designed in such a manner as to form an integral part of the background of the display; and

(d)

The area of artificial illumination on a wall of any structure is to be counted as part of the total allowable sign area.

(6)

Sign Removal

(a)

Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building, lot or structure upon which sign may be found;

(b)

Whenever a sign is removed from a building or structure, the building or structure shall be cleaned, painted or otherwise altered, and all sign supports, brackets, mounts, utilities or other connecting devices shall be removed so that there is no visible trace of the removed sign or the supports, brackets, mounts, utilities or other connecting devices; and

(c)

Upon failure to comply with the sign regulations as set forth in this section, the city zoning administrator's office is authorized to cause immediate removal of such sign, as follows:

(i)

For temporary or portable signs on the public right-of-way, verbal notification of the owner shall be given requesting removal within forty-eight hours. If after this time, the sign is not removed, then the city shall remove the sign at the owner's expense;

(ii)

For noncomplying temporary or portable signs on private property, written notification of the owner shall be given requesting compliance or removal within forty-eight hours. If after this time the sign is not removed, then the city shall remove the sign at the owner's expense in an amount to be determined by the zoning administrator;

(iii)

For noncomplying temporary or portable signs creating a threat to health, safety, and welfare, in a visibility triangle, on a sidewalk or for other reasons, the city shall immediately remove the sign at the owner's expense. Once the sign is removed, the city shall notify the owner;

(iv)

For noncomplying temporary or portable signs for which no permit is required as set forth in Subsection 14-8.10(F), the city shall immediately remove the sign at the owner's expense. Once the sign is removed, the city shall notify the owner; and

(v)

For noncomplying permanent signs, the regular procedure for noncompliance with the provisions of this chapter shall be followed.

(7)

Reserved
(Repealed by Ord. No. 2014-31 § 40)

(8)

Fines for Violations (Ord. No. 2007-17 § 2; Ord. No. 2011-25 § 2; Ord. No. 2012-31 § 1)

(a)

Except as set forth in paragraph (b) below, the following are mandatory minimum fines to be imposed by the municipal court for violation of Section 14-8.10 SFCC 1987 upon issuance of a citation by the planning and land use department. The effective date of this paragraph (8) is July 25, 2011. (Ord. #2020-22, § 16)

First violation $100

Second violation $200

Third and subsequent violations $300

(b)

The following are mandatory minimum fines to be imposed by the municipal court upon the holder of a business license for violation of Subsection 14-8.10(H)(28)(f) or (29) upon issuance of a citation by the planning and land use department. The fines shall be imposed for each day or part of a day that the violation exists. The effective date of this paragraph is October 30, 2012. (Ord. #2020-22, § 16)

First violation $250

Second violation $500

Third and subsequent violations $500 and up to ninety days in jail

(C)

Prohibited Signs

(1)

(Ord. No. 2009-21 § 1) No off-site advertising is allowed except as set forth in Subsection 14-8.10(F)(1). The advertising on any sign shall pertain only to a business, industry, or pursuit conducted on or within the premises on which such sign is erected or maintained. For the purposes of determining the number, size, location, or types of signs allowed under these sign regulations, "premises" shall include contiguous lots that comprise a unified complex of buildings or uses, such as shopping centers; or common access through easements or rights-of-way, regardless of whether the lots are under common ownership. Where contiguous lots exist that do not comprise a unified complex, but where one or more of the lots does not have vehicular access to any street except via an access easement across a parcel which does have direct access to a street, the indirect-access lot(s) may place a separate freestanding sign on the direct-access lot in accordance with the restrictions of this chapter subject to the limitations below:

(a)

No more than two freestanding signs shall be permitted on any lot, regardless of the number of individual lots served by common access;

(b)

The right to individual signs shall be limited to a situation where one or more of the individual lots is two hundred (200) feet or more from the primary access road where the sign for such lot is to be located to such lot; and

(c)

The lot or lots in excess of two hundred (200) feet from a primary access road are comprised of not less than ten thousand (10,000) square feet.

(d)

No lot or access easement shall be created for the sole or primary purpose of establishing an entitlement for a separate freestanding sign.

(2)

No signs shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape; no sign of any kind shall be attached to a standpipe or fire escape.

(3)

No sign or other advertising regulated by this section or Section 14-8.7 of this chapter shall be erected at the intersection of any street in a manner which obstructs free and clear vision; at any location where by reason of position, shape or color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which make use of the words "STOP," "LOOK," "DANGER," or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.

(4)

It is unlawful for any person to display on any sign or other advertising structure any obscene, indecent or immoral matter.

(5)

(Ord. No. 2009-29 § 3) No sign shall be erected or maintained which contains, includes, or is illuminated by any flashing light, electronic change in messages, electronic change in background colors, electronic change in light intensity, or electronic video display, except:

(a)

Those giving public service traffic information such as lane closures, road closures, and detours; and

(b)

Electronic messaging signs subject to the following:

(i)

The number, size and location of the sign shall be consistent with all other requirements of Section 14-8.10.

(ii)

The electronic display background color tones, lettering, logos, pictures, illustrations, symbols, and any other electronic graphic or video display shall not blink, flash, rotate, scroll, change in illumination intensity, or otherwise change in outward appearance, except when the electronic message or display is changed to another message or display.

(iii)

The message or display shall be changed no more frequently than once per twenty-four hour period except for clocks and thermometers. This frequency may be exceeded by the public schools for emergency and special circumstances.

(iv)

Electronic messaging signs shall not exceed a maximum illumination of two thousand nits (candelas per square meter) during daylight hours and a maximum illumination of five hundred nits (candelas per square meter) between one-half hour before sunset and one-half hour after sunrise as measured from the sign's face at maximum brightness.

(v)

Electronic messaging signs shall have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one-half hour after sunrise.

(vi)

Audio speakers are not allowed with any electronic messaging sign.

(vii)

Electronic messaging signs shall use energy efficient lighting such as, but not limited to, LED and compact fluorescents.

(6)

No sign shall have movable parts; except that those signs or marquees having design and construction features for changing of legend or inscription may be approved. The message shall be changed no more frequently than once per twenty-four hour period. (Ord. No. 2009-29 § 4)

(7)

No sign shall be erected or maintained on or over public property. However, wall signs may project over a front property line where the building wall is less than one (1) foot from the property line, providing that such a sign shall not impede or endanger pedestrian or vehicular traffic and sign projects no more than one (1) foot from the building wall.

(D)

Signs Permitted in All Districts Without a Building Permit

The following signs are permitted in any use districts without a permit, if the number or area of the signs does not exceed that which is allowed:

(1)

Signs denoting the name and address of the occupants of the premises, the number of which shall not exceed three per premises and the area of each shall not exceed one (1) square foot.

(2)

Professional name plates that shall not exceed three in number per premises and the area of each shall not exceed one (1) square foot.

(3)

Signs advertising the sale, lease, or rental of the premises upon which the sign is located, with a combined total surface area not exceeding four (4) square feet, and in addition, for each one hundred fifty (150) feet of lot line adjacent to a public street an additional four (4) square foot sign is permitted. If such signs are found to be in violation of this chapter, the city shall immediately remove the sign at the owner's expense. Larger signs are allowed as set forth in Subsection 14-8.10(F), with a buildingpermit.

(4)

Signs for home occupation, the number of which shall not exceed one and the area of which shall not exceed one (1) square foot.

(5)

Signs for private day-care facilities and kindergartens, the number of which shall not exceed one and the area of which shall not exceed one square foot. (Ord. No. 2013-16 § 52)

(6)

Signs denoting the architect, engineer, or contractor placed on the premises where construction, repair, or renovation is in progress, with a combined total surface area not exceeding four square feet. A larger sign is allowed as set forth in Subsection 14-8.10(F), with a buildingpermit. (Ord. No. 2002-37 § 99)

(7)

Signs for a temporary garage or yard sale that shall be located on the premises where the sale is conducted, the number of which shall not exceed one and the area of which shall not exceed two square feet.

(E)

Permanent Signs: Specific Requirements According to Class of Sign

(1)

Directional or Information Signs or Historic Markers

No directional or information sign or historic marker shall exceed four (4) square feet.

(2)

Building- and Wall-Mounted Signs

For building- and wall-mounted signs where the sign bracing is above the level of the roof, the sign bracing shall be below parapet walls or screened.

(3)

Canopy, Marquee, and Projecting Signs

(a)

The area of a canopy or marqueesign shall be counted as a part of the total allowable sign area;

(b)

All canopy, marquee and projecting signs shall be at least seven (7) feet above grade. However, when such signs are erected over a driveway, the minimum height above grade shall be fifteen (15) feet.

(4)

Freestanding Signs

(a)

Sign support structure for freestanding signs shall not exceed fifty percent of the allowable sign surface area for one sign;

(b)

The premises around the freestanding sign shall be maintained by the owner of the sign in a clean, sanitary and inoffensive condition, and shall be free and clear of obnoxious substances, rubbish and weeds; and

(c)

An area equal to the sign area shall be landscaped at the base of the sign. Landscaping shall be with five-gallon shrubs with a minimum mature height of thirty (30) inches with one shrub planted for every ten (10) square feet.

(5)

Roof Signs

(a)

All sign bracing for roof signs shall be behind or below the parapet walls or screened; and

(b)

In no event shall a sign extend above the height limit established for the zoning district in which a sign is located.

(6)

Wall Signs

(a)

Shall not project more than one (1) foot from the wall on which they are displayed. Wall signs shall not project over public property except where the building wall is less than one (1) foot from the property line. In this case, the sign may project up to one (1) foot from the building wall, provided that it does not impede or endanger pedestrian or vehicular traffic;

(b)

Shall, in no case, exceed twenty percent of the area of the wall on which they are displayed or eighty (80) square feet in sign area, whichever is less, even if the district permits a larger total sign area.

(7)

Clocks and Thermometers (Ord. No. 2009-29 § 5)

Clocks and thermometers, when constructed within or as a part of a sign or when displayed as a separate sign, shall, in addition to other regulations herein for signs, conform to the following special regulations and exceptions:

(a)

The hands of the clock and the motive mechanism shall not be classed as moving parts;

(b)

Illuminated numerals will not be classed as blinking or flashing lights; however, the electronic messaging sign requirements set forth in Subsection 14-8.10(C)(5) shall be met;

(c)

Clocks and thermometers shall not exceed forty (40) inches in either vertical or horizontal dimension; and

(d)

All clock signs shall keep accurate time and all thermometer signs shall accurately record the temperature. If these conditions are not complied with, the instruments shall be promptly repaired.

(8)

Identification of Development

One sign for the permanent identification of a development shall be permitted, provided, it is mounted on a permanent masonry structure and the sign does not exceed thirty-two (32) square feet. If a development has an additional entrance on another street, a second sign not to exceed thirty-two (32) square feet is permitted.

(F)

Temporary and Portable Signs

(Ord. No. 2009-21 § 2)

(1)

Temporary and portable signs are allowed off-premises only for the following:

(a)

Advertising an event, function, or activity of a civic, political or religious nature; or

(b)

Advertising the sale of holiday trees by an itinerant vendor upon permission of the propertyowner on whose property the sign is located.

(2)

Building and building permits shall be required to authorize the erection and maintenance of such signs for a period not exceeding thirty days or the duration of the event plus one week, whichever is shorter.

(3)

No portable or temporary sign shall exceed four (4) feet in any one of its dimensions except as otherwise set forth in this section.

(4)

Advertising for one-time special events or unusual advertising media meeting the definition of a sign shall be reviewed for size, design and other characteristics on a case by case basis by the zoning administrator.

(5)

Temporary signs advertising the sale, lease, or rent of commercial or multi-family residentialproperty shall not exceed thirty-two (32) square feet.

(6)

Except as otherwise approved herein, no portable sign shall extend over or into any street, alley, sidewalk or other public thoroughfare, and shall not be placed to project over any wall opening. Cloth signs may extend over public property only by permission of the governing body and shall be subject to related laws and ordinances. Such signs when extended over a public street shall maintain a minimum clearance of twenty (20) feet from the surface of the roadway.

(7)

For temporary political signs the following requirements shall apply:

(a)

No buildingpermit is required;

(b)

The owner of property on which the sign is erected must give written permission prior to erecting the sign;

(c)

The sign shall be removed within five days after the election;

(d)

No sign shall exceed thirty-two (32) square feet; and

(e)

The requirements for political signs apply to all districts including the historic districts.

(8)

Pennants, tinsel, or fringe are not allowed.

(9)

One sign for the temporary identification of a project during the active stages of construction or development, beginning with the demolition or gradingpermit shall be permitted. This sign shall not exceed thirty-two (32) square feet.

(10)

One sign for the temporary identification of the architect, engineer, or contractor for a project is allowed not to exceed sixteen (16) square feet.

(G)

General Requirements for Signs According to District

(1)

In residential, RAC and AC districts not more than two signs are allowed per building, with combined surface area not exceeding twenty (20) square feet. In addition, an entrance sign is allowed as set forth in Subsection 14-8.10(E).

(2)

For C-1, C-4 and HZ districts not more than two signs are allowed per building, the combined surface area of which shall not exceed thirty-two (32) square feet. In addition, an entrance sign is allowed as set forth in Subsection 14-8.10(E).

(3)

In RAC, AC, C-1, C-4 and HZ districts not more than two bulletin or notice boards are allowed with combined surface area not exceeding twenty (20) square feet and not exceeding ten (10) square feet for one such board;

(4)

No sign shall exceed ten (10) feet in height in residential districts. No sign shall exceed fifteen (15) feet in height in RAC, AC, C-1, C-4 and HZ districts.

(5)

All signs in "H" districts shall be governed by "H" zone sign regulations. However, building permits are required for signs in the "H" districts unless otherwise provided.

(6)

The BCD district shall be governed by "H" zone sign regulations for that part of the BCD district included in the "H" districts.

(7)

For those portions of SC, C-2, I-1, I-2 and business and industrial park districts that are not located within the Cerrillos Road highway corridor protection district, and that portion of the BCD district not located within the "H" districts, the following standards shall apply:

(a)

For one business establishment on the premises, not more than three signs are allowed, no one of which shall exceed eighty (80) square feet and all three of which shall not exceed one hundred fifty (150) square feet;

(b)

For two business establishments on the premises, no more than four signs total are allowed, no one of which shall exceed eighty (80) square feet in area and all of which, for any one business establishment, shall not exceed eighty (80) square feet;

(c)

For three or more business establishments on the premises, one sign for the purpose of general identification of the entire premises, not to exceed one hundred fifty (150) square feet is allowed. In addition, one sign is allowed with one (1) square foot of surface area for each one (1) lineal foot of building frontage not to exceed eighty (80) square feet per business establishment;

(d)

No such sign shall exceed twenty-five (25) feet in height;

(e)

For SC and business and industrial park districts, in addition to one identification sign not to exceed one hundred fifty (150) square feet, one sign for each full line department store, junior department store and supermarket with one (1) square foot of surface area for each one (1) lineal foot of building frontage is permitted, providing it does not exceed eighty (80) square feet;

(f)

Only one freestanding sign is allowed per premises in the SC, C-2, I-1, I-2 and business and industrial park districts; and

(g)

For buildings with two front facades an additional sign is allowed. The maximum sign size for one facade is one hundred percent of the allowed sign size and for the second facade the maximum sign size is fifty percent of the allowed sign size.

(8)

For C-2, SC, and I properties located within the Cerrillos Road highway corridor protection district, the following standards shall apply:

(a)

For one business establishment on a legal lot of record, not more than three signs are allowed, no one of which shall exceed fifty (50) square feet in area in corridor zone one, sixty (60) square feet in corridor zone two, seventy (70) square feet in corridor zone three, and eighty (80) square feet in corridor zone four. The total allowable sign area for all three signs shall not exceed one hundred fifty (150) square feet;

(b)

For two business establishments on a legal lot of record, no more than four signs are allowed, no one of which shall exceed fifty (50) square feet in area in corridor zone one, sixty (60) square feet in corridor zone two, seventy (70) square feet in corridor zone three, and eighty (80) square feet in corridor zone four. The total allowable sign area for any one business establishment shall not exceed eighty (80) square feet;

(c)

For three or more business establishments on a legal lot of record, one sign is allowed for the purpose of general identification of the entire premises not to exceed ninety (90) square feet in area in corridor zone one, one hundred ten (110) square feet in corridor zone two, one hundred thirty (130) square feet in corridor zone three, and one hundred fifty (150) square feet in corridor zone four. In addition, one wall mounted sign per business establishment is allowed having one (1) square foot of surface area for each one (1) lineal foot of building or lease space frontage, but in no case exceeding eighty (80) square feet per business establishment;

(d)

All free-standing signs along Cerrillos Road shall meet the buildingsetback requirements set forth in Section 14-5.5(B)(4)(a). However, in the case of properties flanked on one or both sides by existing buildings that encroach into the required setback distance, the freestanding signsetback may be reduced to correspond to either the average of the adjacent buildingsetbacks, or to the average of an adjacent buildingsetback and the required buildingsetback. Only one freestanding sign, meeting the area requirements in subsections (a) through (c) above, is allowed per legal lot of record; (Ord. No. 2013-16 § 53)

(e)

No freestanding sign shall exceed fourteen (14) feet in height in corridor zone one, sixteen (16) feet in corridor zone two, eighteen (18) feet in corridor zone three, and twenty (20) feet in corridor zone four. No wall mounted sign shall exceed twenty-five (25) feet in height, or the height of the wall on which it is mounted, whichever is less;

(f)

Roof top, marquee type, and projecting signs mounted perpendicular to a wall plane, are prohibited; and

(g)

Signs existing prior to the adoption of the Cerrillos Road highway corridor protection district ordinance shall have five years from the effective date of the Cerrillos Road highway corridor protection district ordinance to comply with the provisions of this section.

(9)

Freestanding, monument style signage in MU districts shall not exceed six (6) feet in height and shall be limited to one sign per street frontage of development. (Ord. No. 2005-11 § 9)

(H)

Special Sign Regulations in the H Districts

(1)

Purpose

(a)

The purpose of the sign regulations in this section is to establish and carry into effect regulatory procedures governing signs in historic districts of the city. These regulations pertain to permits, colors, texture and finish, materials and design, location and size. They are set forth to preserve the special qualities inherent in the city that attract tourists and residents alike and that are the basis of the city's economic stability and growth. Signs excessive in size, illumination and of commonplace design will defeat the purpose of the preservation of characteristic areas in this, the oldest capitol in the United States.

(b)

In addition to the prohibition contained in this section, approval of the display of a sign in the historic district shall be granted by the division only when the signs and the plans conform to the unique and distinctive character of the city, do not injuriously affect the same and do not impair the value to the community of those buildings having architectural worth.

(2)

Applicability

Signs in the following areas and districts shall comply with the additional sign regulations of this Subsection 14-8.10(H), in addition to the general sign regulations of Section 14-8.10 above:

(a)

All signs in the historic districts;

(b)

All signs in RC districts;

(c)

All signs in the RAC district; and

(d)

All signs in the AC district.

(3)

Number of Signs

The total number of signs allowed is as follows:

(a)

For up to two business establishments on one premises, no more than three signs per business, the total area of which for any one business shall meet the size limitations for specific types of signs as set forth in this section, or eighty-five (85) square feet, whichever is less, exclusive of freestanding signs; and

(b)

For three or more business establishments on one premises, no more than two signs per business, the total area of which for any one business shall meet the size limitations for specific types of signs as set forth in this section or eighty-five (85) square feet, whichever is less, exclusive of freestanding signs.

(4)

Prohibited Locations

(a)

No permanent signs shall be placed on a balcony, gallery, shed, roof, door or window or placed so as to disfigure or conceal any architectural features or details of any building, or painted on walls. No sign shall be displayed from any fence or wall or open lot unless it is deemed necessary to the conduct of a business by the division, in which event a waiver of regulations can be allowed.

(b)

Occupants may place notices of articles or services for sale, necessary to the conduct of their business, behind the glass of windows or doors; provided, that the signs are not more than one-third of the glass area on which they are exhibited or ten (10) square feet, whichever is greater.

(5)

Obstructing Ingress and Egress

No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

(6)

Signs Not to Constitute Traffic Hazard

No sign or other advertising structure as regulated by this section shall be erected at the intersection of any street so as to obstruct free and clear vision; at any location where by reason of the position, shape or color it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the words "stop", "drive-in", "danger" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.

(7)

Goose Neck Reflectors

Goose neck reflectors and lights shall be permitted on projecting signs; provided, that the reflectors are provided with proper glass lenses concentrating the illumination on the area of the sign to prevent glare on the street or adjacent property.

(8)

Spotlights and Floodlights Prohibited

It is unlawful for any person to maintain any sign that extends over public property that is wholly or partially illuminated by floodlights or spotlights.

(9)

Advertising Permitted

No sign of any character shall be displayed in the historic district unless it advertises a bona fide business conducted in or on the premises and the advertising of products shall not exceed twenty-five percent of the area of the sign.

(10)

Illumination Restrictions (Ord. No. 2009-29 § 6)

(a)

No signs shall be permitted that are animated by any means, including flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination.

(b)

Illumination for each side of a projecting sign, if lighted by goose neck lights, shall be evenly distributed.

(c)

Wall signs to be illuminated shall be so constructed as to have all illumination from behind each letter. No visible bulbs, neon tubing or other lighting shall be allowed.

(d)

Electric signs may be placed inside windows and glass doors; provided, that their proportions are not in excess of the window area so allowed under Subsection (4) above.

(e)

No electric outdoor lights placed in trees, shrubs, or other types of vegetation shall be allowed when publicly visible except during the traditional holidays.

(11)

Color and Design

The effort of design of signs in the historic district is to keep a moderate, attractive and compatible styling so as not to cause erratic or disturbing distractions from the architectural beauties of the city; therefore, color and design are left to the discretion of the applicant.

(12)

Signs; Awnings, Flags, Banners

Awnings shall be of cloth or of other material acceptable to the division. There shall be no advertising on awnings. Flags, banners, awnings, and such trappings shall not be permitted as advertising within the H-district. However, the name of a business may appear along the lower edge or fringe of the awning. In such cases, the awning shall count as one sign as allowed under Subsection 14-8.10(H)(3). The color of the awning shall be compatible with Santa Fe architectural style and shall not be obtrusive. (Ord. No. 2002-37 § 100)

(13)

Sign Plans for New Construction of Buildings

Applicants submitting plans for new construction of buildings containing three or more businesses on the premises shall in addition to other information, submit coordinated plan for signs. The plan shall be drawn to scale showing the proposed locations, sizes, and types of signs for the businesses. All signs shall comply with the standards set forth in this section.

(14)

Street Clocks

Street clocks shall be in harmony with the old Santa Fe style or recent Santa Fe style or both.

(15)

Conflicts with Zoning Regulations

In any case where there is a conflict between the specific provisions of this Subsection 14-8.10(H) and the general sign requirements and restrictions of the remainder of this Section 14-8.10, this section shall prevail and shall be controlling for all purposes.

(16)

Inspection of Signs

The division shall inspect, as it deems necessary, each sign regulated by this section to ascertain whether the same is secure or insecure or in need of repair.

(17)

Procedure When Unsafe or Unlawful Signs Found

If the division finds that any sign or other advertising structure regulated herein is unsafe or insecure; is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this section, it shall give written notice to the permittee. If the permittee fails to remove or alter the structure to comply with the standards of these sections within ten days after such notice, the sign or other advertising structure may be removed or altered to comply by the division at the expense of the permittee or owner of the property on which it is located. The division shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The division may cause any sign or other advertising structure that is an immediate peril to persons or property to be removed summarily and without notice.

(18)

Exempted Signs

The provisions and regulations of this Subsection 14-8.10(H) shall not apply to the following signs; provided, that the signs meet the provisions of Subsection 14-8.10(H)(3):

(a)

Real estate signs not exceeding six (6) square feet in area that advertise the sale, rental or lease of the premises on which such signs are located;

(b)

One professional name plate not exceeding one (1) square foot in area;

(c)

One bulletin board not over eight (8) feet in area for public, charitable or religious institutions when the same is located on the premises of such institutions;

(d)

Signs denoting the architect, engineer or contractor when placed on work under construction and not exceeding twelve (12) square feet in area;

(e)

An occupational sign denoting only the name and profession of an occupant in a commercial building, public institution building or dwelling house and not exceeding two (2) square feet in area;

(f)

Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials; and

(g)

Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs and such temporary, emergency or nonadvertising signs as may be approved by the governing body; and

(h)

Signs denoting whether a business is open or closed and traffic signs for private businesses, none of which exceed two (2) square feet in area.

(19)

Permits Required

(a)

It is unlawful for any person to erect, repair, alter, relocate or maintain within the historic district of the city any sign or other advertising structure as defined in this section without first obtaining an erection permit from the inspections and enforcement office and making payment of the fee required. All illuminated signs shall, in addition, be subject to the provisions of the electrical code and the permit fees required thereunder.

(b)

The text of advertising matter on signs that already conform to this section may be changed without any permit, provided all changes also conform.

(20)

Permit Application; Contents

Application for permits shall be made on blanks provided by the division and shall contain or have attached thereto the following information:

(a)

Name, address and telephone number of applicant;

(b)

Location of the building, structure or lot to which or on which the sign is to be attached or erected;

(c)

Position of the sign or other advertising structure on a building or in relation to nearby buildings or structures;

(d)

One scaled drawing with full description of material, texture and finish to be used;

(e)

Name of person erecting structure;

(f)

Written consent of the owner of the building, the structure, or land to which or on which the structure is to be erected;

(g)

Any electrical permit required and issued for such sign; and

(h)

Such other information as the division shall require to show full compliance with the provisions of this section and all other laws and ordinances of the city.

(21)

Permit Application; Approval; Period of Validity

It is the duty of the division upon the filing of an application for a permit, to examine plans, specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure; and if it appears that the proposed structure is in compliance with all the requirements of the provisions of this section and all other laws and ordinances of the city, the division shall then recommend approval. If the work authorized under an erection permit has not been completed within six months after date of issuance, the permit shall become null and void.

(22)

Certain Signs to Be Approved by Electrical Inspector

The application for a permit for erection of a sign or other advertising structure in which electrical wiring and connections are to be used shall be submitted to the electrical inspector. The electrical inspector shall examine the plans and specifications respecting all wiring and connections to determine if they comply with the electrical code of the city, and they shall approve such permit if the plans and specifications comply with the code or disapprove the application if noncompliance with the code is found.

(23)

Sandwich Signs; Prohibition

Sandwich signs as defined in this section are prohibited.

(24)

Freestanding Signs

(a)

When Permitted

Freestanding signs shall be permitted at the discretion of the division where a business establishment is set back from a street alignment of buildingfaçades more than two (2) feet. A business establishment thus set back, in addition to the signs permitted on the building itself, may maintain a freestanding sign of not more than sixteen (16) square feet in area, and the sign shall relate to the conduct of the business within. If a building is on at least one acre of property and has an unencumbered front setback of at least fifty (50) feet, a two-faced freestanding sign with a maximum of fifty (50) square feet area on each face, with sign dimensions no greater than ten (10) feet in length and five (5) feet in height, and with the top of the sign not more than fourteen (14) feet from the ground will be permitted; provided, that it relates to the business conducted on the premises. Lighting on freestanding signs shall conform with this section.

(b)

Location

(i)

It is unlawful to erect any freestanding sign whose total height is greater than fourteen (14) feet above the level of the street on which the sign faces or above the adjoining ground level if the ground level is above the street level.

(ii)

Freestanding signs shall have an open space not less than ten (10) feet between the base line of the sign and the ground level, unless the freestanding sign is placed on the ground and does not exceed sixteen (16) square feet in area nor six (6) feet in any dimension.

(iii)

The setback of freestanding signs from the city right-of-way is regulated by the underlying zoning.

(c)

Characters, Letters

All letters, figures, characters or representations in cut-out or irregular form maintained in conjunction with, attached to or superimposed on any sign shall be safely and securely built or attached to the sign structure.

(d)

Construction, Condition of Premises

(i)

All freestanding signs shall be securely built, constructed and erected on posts sunk at least three (3) feet below the natural surface of the ground.

(ii)

All wood posts shall be treated to protect them from moisture by creosoting or other approved methods when they enter into the ground.

(iii)

Premises shall be kept free of weeds and be maintained by the owner in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish and weeds.

(25)

Hanging Signs

(a)

General Limitations

All hanging signs shall be at least six (6) feet eight (8) inches above the sidewalk or ground level, and shall be located within the central one-third of the façade length so as not to obstruct neighboring signs.

(b)

Area Limitations

Hanging signs shall be limited in area as follows:

(i)

A maximum of twelve (12) square feet, except in the AC and RAC districts where the maximum limit is six (6) square feet;

(ii)

The maximum size of letters shall be eight (8) inches in height;

(iii)

There shall be no restriction on the number of letters, words or lines of any sign as long as the overall area of the sign is within the maximum allowed square feet; and

(iv)

Maximum thickness of six (6) inches.

(c)

Supports and Attachments

All hanging signs shall be safely and securely attached to the building by not less than two metal chains, metal brackets or wrought iron brackets firmly secured in the roof support beams by metal anchors, bolts, or expansion screws. No excess chain shall be allowed. In no case shall any hanging sign be attached with wire, string, rope, wood, or secured by nails.

(26)

Wall Signs

(a)

Area Limitations

(i)

A wall sign is subject to the following limitations:

A.

The maximum allowable size is fifteen percent of the façade on which the sign is to be placed. In no case shall the sign area exceed twenty (20) square feet except in the AC and RAC districts where the maximum allowable size is six (6) square feet;

B.

Maximum size of letters shall be twenty (20) inches in height, except in the AC and RAC districts where the maximum size shall be eight (8) inches in height;

C.

There shall be no restriction on the number of letters, words or lines of any sign as long as its overall area is within the maximum allowable square feet; and

D.

No sign shall be permitted fifteen (15) feet or more above street grade measured in front of the façade where the sign is to appear.

(ii)

Where two or more businesses are conducted on the premises of a single ownership, having a front footage of twenty-five (25) feet or less, the allowable sign area shall be increased by fifty percent. Where buildings have frontage on more than one public way and entrances thereon, the maximum footage shall govern signs at each entrance, and it shall be construed to mean on any given public way.

(b)

Projection Wall; Height from Ground

No wall sign shall project more than three inches beyond the building line. However, if the sign is attached to the wall at a height of not less than six (6) feet eight inches measured from the sidewalk or ground to the bottom of the sign, it may project a maximum of ten (10) inches, except in AC and RAC districts where the maximum projection is three (3) inches.

(c)

Supports and Attachments

All wall signs shall be safely and securely attached to the building wall by means of metal anchors, bolts or expansion screws of not less than three-eighths (3/8) inch in diameter embedded in the wall at least five (5) inches; provided, that such signs may rest in or be bolted to strong heavy metal brackets or saddles set not over six (6) feet apart, each of which shall be securely fixed to the wall as herein provided. In no case shall any wall sign be secured with wire, strips of wood or nails.

(27)

Projecting Signs

(a)

General Limitations

No projecting sign shall angle in "Y", "L" or "V" fashion over the sidewalk or ground. No projecting sign may rise above the level of the roof line, fire wall or first story, whichever is construed by the historic districts review board as a roof line. All projecting signs shall be at least ten (10) feet above the sidewalk or ground level, and shall be located within the central one-third of the façade length so as not to obstruct neighboring signs. A total of two signs may be allowed to each store, shop or bona fide place of business if one is projecting and the other considered a wall sign; in which case, the wall sign shall be reduced in allowable size by one-half the area consumed by a projecting sign. No projecting sign shall have letters exceeding eight (8) inches in height.

(b)

Area Limitations

Projecting signs shall be limited in areas as follows:

(i)

A maximum of four (4) feet projection from the wall of the building, except for marquees that may project eight (8) feet;

(ii)

A maximum of sixteen (16) square feet, except in an AC or RAC district where the maximum sign space is six (6) square feet, and except for marquees where the maximum sign space is one hundred fifteen (115) square feet per face of the marquee;

(iii)

A maximum thickness of not over twelve (12) inches except for marquees to which this section does not apply;

(iv)

Projecting signs erected over public driveways or alleys shall be placed not less than fifteen (15) feet above the level of same; and

(v)

Marquees are allowed only for theaters showing motion pictures, or dramatic, musical, or live performances and having permanent seating except in an AC or RAC district where marquees are prohibited.

(c)

Construction

Projecting signs exceeding ten (10) square feet in area or fifty pounds in weight shall not be attached to nor supported by frame buildings or the wooden framework of a building. Such signs shall be attached to masonry walls as stated in this section. The framework of any projecting sign shall be of adequate strength so as to have no need for guy wires or wire reinforcement.

(d)

Illumination

Every projecting sign larger than ten (10) square feet in area shall be illuminated between sunset and daybreak on each side, by at least 5 watts per square foot of sign surface. The illumination shall be restricted as provided by this section.

(28)

Temporary Signs (Ord. No. 2007-17 § 3)

(a)

Duration of Permit; Advertising

(i)

Except as set forth in paragraph (e) below, permits for temporary signs shall authorize the erection of such signs and their maintenance for a period not exceeding thirty days, in the discretion of the historical style committee.

(ii)

The advertising contained on any temporary sign shall pertain only to the business, industry, or pursuit conducted on or within the premises on which such sign is erected or maintained. This provision shall not apply to signs of a civic, political, or religious nature.

(b)

Construction Requirements

Except as set forth in paragraph (e) below, no temporary sign shall exceed four (4) feet in one of its dimensions or fifty (50) square feet in area. Every temporary sign weighing in excess of fifty pounds shall be approved by the inspections and enforcement office as conforming to the safety requirements of the Building Code.

(c)

Prohibited Locations

No temporary sign shall extend over or into any street, alley, sidewalk or other public thoroughfare nor shall it be erected so as to prevent free ingress to or egress from any door, window or fire escape.

(d)

Anchors and Supports

Every temporary sign shall be attached to the wall with wire or steel cables; no strings, ropes, or wood slats for anchorage or support purposes shall be permitted.(Ord. No. 2001-38 § 1)

(e)

Price Reduction Signs (Ord. No. 2007-17 § 3; Ord. No. 2008-28 § 1; Ord. No. 2011-25 § 3)

(i)

Signs expressing a price reduction stated in terms of either a percentage reduction or a dollar amount reduction are prohibited unless the following conditions are met:

A.

A sign permit shall be obtained from the city. Each permit shall allow a business to place a sign for a permit period of up to one week. A business may obtain one additional permit within a calendar year. A minimum of twelve weeks must pass between the commencements of any two permit periods.

B.

A sign shall not exceed twelve (12) inches by twenty-four (24) inches.

C.

A sign must bear an official city of Santa Fe sticker, tag, or other device at all times during the permit period indicating the approved dates of the permit period.

D.

A sign shall be removed by the permit holder immediately after the permit period.

(ii)

The city may remove a sign if the above conditions are not met.

(f)

Distress Merchandise Sale Signs
(Ord. No. 2012-31 § 2)

(i)

A sign advertising a distress merchandise sale is prohibited unless the following conditions are met:

A.

A signpermit shall be obtained from the city. Each permit shall allow a business to place a sign for a permit period corresponding to the licensed duration of the distress merchandise sale.

B.

A sign shall not exceed twelve (12) inches by twenty-four (24) inches.

C.

A sign must bear an official city of Santa Fe sticker, tag, or other device at all times during the permit period indicating the approved dates of the permit period.

D.

A sign shall be removed by the permit holder immediately after the permit period.

(ii)

The city may remove a sign if the above conditions are not met.

(29)

Price Reduction Signs (Ord. No. 2007-17 § 4; Ord. No. 2008-28 § 2; Ord. No. 2011-25 § 4)

(a)

A sign located inside or outside a structure within an historic district that is readable by the general public from the public sidewalk or street, shall not list an express price reduction stated in terms of either a percentage reduction or a dollar amount reduction except as permitted in §14-8.10(H)(28)(e).

(b)

A sign located inside a structure within an historic district that is not readable by the general public from the public sidewalk or street, may list an express price reduction stated in terms of either a percentage reduction or a dollar amount reduction.

(Ord. No. 2023-7, Exh. A)

(Ord. No. 2011-37 § 11)

(A)

Authority

The SFHP is enacted pursuant to the authority set forth in Section 26-1.2 SFCC 1987 (Santa Fe Homes Program).

(B)

Adoption of SFHP

The governing body has adopted the SFHP as set forth in Section 26-1 SFCC 1987.

(C)

Responsibilities

The land use director shall:

(1)

administer and enforce all planning and land use ordinances that apply to development requests that are subject to this Section 14-8.11;

(2)

require, as part of the development review process, that the applicant prepare and submit a SFHP proposal to the office of affordable housing to assure compliance with the SFHP Ordinance;

(3)

administer provisions for development incentives in the development review process as set forth in this Section 14-8.11;

(4)

record the SFHP agreements with the respective subdivision plat or development plan at the county clerk's office; and

(5)

where applicable, invoke sanctions for noncompliance with SFHP agreements at the request of the city manager.

(D)

Applicability

(Ord. No. 2014-10 § 1)

(1)

Except as set forth in this Subsection 14-8.11(D), the SFHP shall apply to any application for development, including annexation, rezoning, subdivision plat, increase in density, development plan, extension of or connection to city utilities for land outside the city limits, and construction permits that propose two or more dwelling units or buildings or portions of buildings that may be used for both nonresidential and residential purposes and manufactured homelots. SFHP applies to the residential portion of the development.

(a)

The SFHP applies to new construction, to the conversion of existing rental units to ownership units and the conversion of commercial uses to residential uses.

(b)

The SFHP does not apply to a family transfer as set forth in Section 14-3.7(F)(2) or a division of land into two lots as set forth in Section 14-3.7(D) (Summary Procedure).

(c)

The applicant is responsible for determining the applicability of SFHP to the proposed development and complying with the requirements of SFHP.

(2)

The SFHP applies to dwelling units in vacation time share projects.

(3)

The SFHP does not apply to:

(a)

a development or portion of a development that is subject to a formal written and binding agreement entered into prior to August 15, 2005 with the city or Santa Fe County in which the signatories agreed to provide affordable housing or payment in lieu thereof; or

(b)

dwelling unit or manufactured homelots for an elementary, middle or high school; college or university; hospital; or similar institution to be used exclusively by its employees or enrolled students and their families. If the dwelling units or manufactured homes are no longer exclusively used by its employees or enrolled students and their families, the SFHP shall apply at the time the units are converted.

(4)

Petitioners for annexation and the office of affordable housing shall negotiate all terms for providing affordable housing on site, including the distribution of development types and the number of SFHP units required or alternate means of compliance. The number of SFHP units required or alternate means of compliance may be in excess of that required by SFHP. These terms shall be included in the annexation agreement. To the extent practicable, all other SFHP requirements apply to annexations. In no case shall the agreement provide for less affordable housing or a lesser in-lieu contribution than required by SFHP. As the property is developed, a separate SFHP agreement in compliance with the annexation agreement shall be recorded with each subdivision plat or development plan.

(5)

All provisions of the prior ordinance, titled Housing Opportunity Program (HOP), remain in effect with respect to any agreements executed by the city and others which were required by HOP or incorporated HOP provisions by reference. However, the office of affordable housing is responsible for administering such agreements according to the administrative procedures for the SFHP ordinance until such time as all obligations under the agreements have been satisfied except for sale prices or rental rates. Sale prices and rental rates shall be based on the prior HOP administrative procedures and annually updated by staff.

(E)

Presubmittal Conference, SFHP Proposals and Agreements

Presubmittal conferences, SFHP proposals and SFHP agreements are required as set forth in Section 26-1 SFCC 1987.

(F)

Santa Fe Homes Program Requirements

(Ord. No. 2012-11 § 25; Ord No. 2014-10 § 2)

(1)

Effective June 7, 2014, and thereafter, twenty percent of the total number of dwelling units or manufactured homelots in an SFHP development shall be SFHP units and meet all requirements of Section 26-1 SFCC 1987. A modification to a SFHP agreement or HOP agreement that was entered into prior to June 8, 2011 shall be made to reflect the twenty percent requirement; and if applicable, an annexation agreement, subdivision plat or development plan shall be administratively amended to reflect the reduction and redistribution of SFHP or HOPlots and the amended annexation agreement, subdivision plat or development plan shall be recorded or filed, as applicable, by the owner or developer.

(2)

Fifteen percent of the total number of dwelling units or manufactured homelots offered for rent in an SFHP development shall be SFHP units and meet all requirements of Section 26-1 SFCC 1987.

(3)

However, the governing body may approve alternative means of compliance as provided in Section 26-1.33 SFCC 1987 (SFHP - Alternate Means of Compliance).

(G)

Development Incentives

(1)

Density Bonus

(a)

A developer who is subject to and complying with SFHP is entitled to an additional density bonus of fifteen percent over the density allowed by the zoning district.

(b)

A density bonus is the right to build the described percentage of residential units, in addition to those that are otherwise allowed by the zoning district, in accordance with the following standards and procedures:

(i)

base units allowed means the total number of units that would otherwise be allowed by the zoning district.

(ii)

in calculating any bonus units, the base units allowed in the development shall be multiplied by fifteen percent. If the result is other than a whole number, the number shall be rounded down if less than 0.5, and rounded up if 0.5 or more.

(c)

A density bonus does not require an amendment to the general plan or approval by the governing body unless appealed pursuant to Section 14-3.17 (Appeals).

(d)

Except where the planning commission is authorized to grant a variance or waiver as set forth in Chapter 14, a density increase shall not negate, supersede or limit other Santa Fe City Code provisions that limit the number of units that may be built on the site.

(2)

Fee Waivers

Fees for SFHPdevelopments subject to and complying with the SFHP requirements shall be reduced as follows:

(a)

development review and construction permit fees shall be reduced proportionately to the number of SFHP units certified by the office of affordable housing; and

(b)

impact fees as set forth in Section 14-8.14 (Impact Fees) and utility expansion charges as set forth in Chapters 22 (Sewers) and 25 (Water) SFCC 1987 shall be reduced at the time of construction permitapplication for SFHP units.

(H)

Enforcement

Enforcement of SFHP shall be as provided by Sections 14-11.5 and 26-1.19 SFCC 1987.

(I)

Appeals

An applicant aggrieved by a final action of the land use director regarding the SFHP provisions may file an appeal pursuant to Section 14-3.17.

(Ord. No. 2011-37 § 11)

(A)

Purpose and Intent

It is the purpose and intent of the Gunnison's prairie dog relocation regulations to protect the diminishing populations of Gunnison's prairie dogs by ensuring their safe and humane relocation prior to the development of property within the city to appropriate and protected habitat areas as designated by the city.

(B)

Applicability

Except for single-lot, single-familyresidentialdevelopment, compliance with these regulations is required for any public or private proposed development or phase of development approval, prior to grading or any other disturbance of property where Gunnison's prairie dogs are located; provided that for family transfers and all dwelling units that meet the criteria for affordable homes or affordable rental units for income ranges 1, 2 or 3 pursuant to SFCC §26-1.16 and 1.24, the propertyowner or developer is not responsible for relocation expenses, costs or fees that amount to more than one thousand five hundred dollars ($1,500) per acre. This amount shall be subject to periodic review at the discretion of the city manager and may be amended to reflect increased costs due to inflation or other circumstances.

(C)

Exemptions

(1)

An exemption from these regulations may be granted by the land use director under the following circumstances:

(a)

there is no city-approved property available for a proposed relocation of Gunnison's prairie dogs;

(b)

there is no city-certified relocator available within a reasonable time as determined by the city for a proposed relocation; or

(c)

a city-certified relocator determines that the timing of the proposed project is such that the start of construction operations, including grading or other disturbance of property where Gunnison's prairie dogs are located, would have to be delayed more than sixty days.

(2)

The land use director may require written verification or other proof of such circumstances prior to granting an exemption from these regulations.

(D)

Appeals

An appeal of the granting or denying of an exemption to the Gunnison's prairie dog relocation regulations shall be pursuant to Section 14-3.17 (Appeals).

(E)

Violations and Penalties

Violations of a provision of this Section 14-8.12 shall be punishable in accordance with Article 14-11 (Enforcement).

(F)

City-Approved Lands

The city shall approve relocation sites that are:

(1)

private lands protected as wildlife habitat by a conservation easement held in a land trust or other conservation organization or protected by organizational by-laws or other legal vehicles;

(2)

public lands protected for the purpose of indefinite, long-term prairie dog habitation;

(3)

private or public lands that meet best management practices criteria for suitability.

(G)

Certified Trappers/Relocators

(1)

The city shall certify those Gunnison's prairie dog trappers/relocators that may be hired by the owners or developers of private property. To be certified, a person must meet the following minimum requirements:

(a)

training by a qualified and experienced trapper/relocator in:

(i)

two trapping methods, being flushing and live trapping; and

(ii)

two methods of relocation, being use of existing holes and augured holes;

(b)

participation and attendance at a day of orientation to include prairie dog facts and proper techniques for trapping and relocating; and

(c)

fifteen days of on-the-job training in both trapping and relocating.

(2)

The trainer shall provide written verification that the person has met the requirements of Subsection 14-8.12(G)(1).

(3)

At a minimum, a qualified and experienced trainer must have had the training described in Subsection 14-8.12(G)(1).

(4)

Certification is a privilege and shall not be construed as a property right. The city manager may withdraw certification for failure to comply with the Santa Fe City Code.

(H)

General Requirements

(1)

Intent

Unless an exemption has been granted, it is prohibited to intentionally destroy or otherwise harm the Gunnison's prairie dog on any lands within Santa Fe at any time in relation to a development.

(2)

Procedures and Submittals

(a)

Pre-application inspection

As a pre-application requirement, the land use director shall inspect the development site for prior grading and the existence of Gunnison's prairie dogs. If Gunnison's prairie dogs are found on the property, then the owner or developer shall contact a certified trapper/relocator who shall develop a relocation schedule and plan.

(b)

Submittals

The owner or developer shall submit a relocation schedule and plan for review and approval as part of the development submittal that addresses the requirements provided in this Subsection 14-8.12(H) before development takes place. Approval of the relocation plan is required before a gradingpermit or any other construction permit is issued.

(c)

Preferred Relocation Times

The preferred relocation times are June 15 through September 15. The Gunnison's prairie dog may also be relocated in April, but may not be relocated or otherwise disturbed between May 1 and June 15, which is its breeding season, unless exempted pursuant to Section 14-8.12(C). Owners and developers of property shall make every effort to coordinate their development stages and operations with this schedule.

(d)

Relocation Services

Only a certified prairie dog trapper/relocator may perform the relocation services.

(e)

Relocation Costs

The propertyowner or developer is responsible for all relocation expenses, costs and fees related to the relocation of Gunnison's prairie dogs.

(f)

Written Notice

Upon completion of the prairie dog relocation, the owner or developer shall submit written notice to the city from the certified trapper/relocator hired for the relocation work that the relocation has occurred.

(I)

Additional Requirements

If a development does not occur within one year of the plat or development plan approval or the issuance of a building or gradingpermit and reestablishment of the Gunnison's prairie dog colony occurs, the applicant must again comply with the provisions of this Section 14-8.12.

(Ord. No. 2011-37 § 11)

(A)

Summary

Section 14-8.13 establishes:

(1)

Procedures for the calculation of water budgets for development projects proposing new city water system demand that must be offset; and

(2)

Thresholds that determine which city water budget program applies to a particular development project. The Water Conservation Credit Program, Section 25-11 SFCC 1987, administers water conservation credits created through conservation contracts or retrofit rebates at existing developed property within the city's water service area which credits may be used to offset new system demands of small development projects. The Water Rights Transfer Program, Section 25-12 SFCC 1987, administers water rights transfers required to offset new system demands of larger development projects.

(B)

Development Water Budget

(1)

The development water budget shall be reviewed and approved by the Engineering Section of the Water Division and shall contain the following information:

(a)

A description of all proposed and existing structures on the subject parcel of land together with a complete description of all proposed and existing water fixtures and other water using devices and equipment to be installed or constructed on the subject parcel (not including water to be used during and for construction);

(b)

A description of all proposed water uses proposed for the subject parcel of land, separating such uses by indoor and outdoor categories and including the total area of proposed and existing landscaping; and

(c)

A quantification in gallons and acre-feet of the total proposed water usage on the subject parcel of land on an annual basis. In the case of phased development, the quantification shall also include the proposed water usage by each phase of development.

(2)

Applicants may choose to:

(a)

Allow the Water Division to calculate a development water budget based on standard formulas using historical water use data for similar type of development; or

(b)

Develop a detailed alternative development water budget for the development project supported by reliable data that demonstrates that the anticipated annual water use will be less than if based on the Water Division's standard formulas.

(3)

When a proposed new structure or use replaces an existing structure or use, the development water budget for the proposed new structure or use may be reduced by an amount equal to the average annual consumption in the twenty-four months that the highest water use was active during the preceding ten years or by the amount of water previously offset if the previously offset amount is higher. Consumption shall be determined through city utility billing system records. (Ord. No. 2012-23 § 1) (Pursuant to Section 2 of Ordinance No. 2012-23, this ordinance shall be reviewed one year from the date of adoption.)

(4)

A development water budget may also be reduced by an amount equal to a specific approved annual water allocation made by the governing body for the development project as set forth in Section 25-9.6 SFCC 1987.

(5)

The city shall allow reduction in the consumptive water rights required to be transferred in this subsection by the amount of consumptive water rights required for any Santa Fe Homes Program unit, a Housing Opportunity Program unit as per a valid Housing Opportunity Program Agreement or any dwelling unit meeting the definition of a low-priced dwelling unit as set forth in Section 26-2 SFCC 1987. The reduction is contingent upon the applicant entering into an agreement or other approved document with the city regarding the low-priced dwelling units. The document shall be recorded with the county clerk.

(6)

A development water budget may be for a single phase of a multi-phase development project.

(C)

Applicability of Development Water Budgets

(Ord. No. 2014-31 § 41)

A development water budget shall be submitted with the following land use applications:

(1)

Final subdivision plats except:

(a)

Plats for the purpose of creating tracts of land according to an approved master plan where additional subdivision of land or a more detailed development plan within the various tracts is still necessary before permitting of dwelling units and other buildings according to that master plan; and

(b)

Plats where the proposed development is included in and consistent with an already approved development water budget and has complied with the water rights transfer program set forth in Section 25-12 SFCC 1987 or the water conservation credit program set forth in Section 25-11 SFCC 1987;

(2)

Development plans, except preliminary development plans;

(3)

Development plans for each phase of a phased development, but each phase shall be subject to Section 25-12 SFCC 1987;

(4)

Reserved

(5)

Construction permits (whether or not a meter for service has been previously installed) except the following:

(a)

Where covered by and consistent with an already approved developmentwater budget that has complied with the water rights transfer program set forth in Section 25-12 SFCC 1987 or water conservation credit program set forth in Section 25-11 SFCC 1987;

(b)

Replacement of thirty-three percent or less of an existing building;

(c)

Remodels;

(d)

Additions:

(i)

Where there are no new fixture installations;

(ii)

Where there are up to three new water fixtures provided that the increased building area does not exceed five hundred (500) square feet; and

(e)

Shell only permits which will later require permits for tenant improvements at which time the development water budget is required;

(6)

Secondary plumbing permits (plumbing permits independent of a buildingpermit) resulting in an increase of water use, unless multiple installations in either commercial or multi-familyresidential uses, except the following:

(a)

A spa not exceeding five hundred gallons;

(b)

An oversized tub not exceeding one hundred gallons;

(c)

A swamp cooler;

(d)

A recirculating fountain not exceeding one thousand gallons of containment area; and

(e)

A garden pond not exceeding two thousand gallons;

(7)

Changes in permitted land use resulting in an increase in water use;

(8)

Projects located outside the city limits, prior to application for an agreement to construct and dedicate water lines; and

(9)

City of Santa Fe, Santa Fe County, New Mexico, Federal, and any other governmental, or quasi-governmental development not subject to the city'sdevelopment review or buildingpermit processes which will require water service from the city's water system.

(D)

Monitoring, Violations, Penalties, Remedies, and Disclosure

The following shall apply to alternative development water budgets, as set forth in Subsection 14-8.13(B)(2)(b) and to water conservation contracts as set forth in the water conservation credit program, Section 25-11.3(C)(1):

(1)

Beginning the first year that a customer's water service is subject to usage restrictions from an alternative development water budget or a contract for water conservation the Water Division shall monitor water customer's water usage on an annual basis.

(2)

If a water customer exceeds water usage allowable under the customer's alternative development water budget or conservation contract in any annual period measured from the commencement of the restriction, the Water Division shall monitor the customer's water usage on a monthly basis and compare current monthly use to the previous year's use in the same month to determine whether the customer has returned to compliance. The Water Division shall, at the same time, notify the customer that the alternative development water budget or conservation contract has been exceeded, that the customer's usage will be monitored monthly to determine whether the customer has reduced water usage to the amount permitted under the alternative development water budget or the conservation contract, and the consequences that will ensue if the customer does not return to compliance. Water customers shall be charged a fifty percent surcharge over the base rate of water on the excess water delivered over annual budgeted or contracted amount for that year.

(3)

If, after four months of monitoring, the customer is in compliance with the alternative development water budget or conservation contract, the customer shall be so informed and shall then be monitored on an annual basis.

(4)

If, after four months of monitoring, the customer's water usage still exceeds the alternative development water budget or conservation contract by ten percent or more on a monthly pro-rata basis, the Water Division shall immediately notify the customer that the customer has exceeded the alternative development water budget or conservation contract. The Water Division shall recalculate the alternative development water budget or the conservation contract for the customer based on actual consumption over the period of noncompliance and shall notify the customer of the additional water rights, water credits or conservation credits needed to meet the new budget or contract. If the customer does not transfer sufficient water rights, water credits or conservation credits to the city within ninety days to make up the difference, the Water Division shall transfer sufficient water conservation credits to the customer to offset the net difference and shall include in the customer's next billing the current cost of those water conservation credits. In addition, the city shall bill the customer the fifty percent surcharge for the water delivered during this second year over the budgeted or contracted amount. A customer may, at any time, transfer additional water rights, water credits or conservation credits to the city to increase the customer's alternative development water budget or conservation contract restriction in order to forestall the imposition of further surcharges for excess water usage.

(5)

Customers that fail to provide sufficient water rights, water credits or conservation credits or to pay the cost of the water conservation credits and the imposed surcharges shall have water service disconnected in accordance with Rule No. 9, Exhibit A of Chapter 25 SFCC 1987.

(6)

Representatives of a development project that have adopted an alternative development water budget and property owners that have agreed to a conservation contract shall provide disclosure statements to prospective buyers which shall be included on all recorded plats and development plans. The statements shall include the amount of water to which each lot, unit or other portion of the project is limited under the alternative development water budget or conservation contract and shall include a description of the penalties set forth in this paragraph.

(E)

Dedication of Water to Development

(Ord. No. 2016-39 § 7)

(1)

A buildingpermitapplication shall not be approved until the applicant has dedicated water to meet the approved development water budget for the development project plus a 9.8% contingency that covers water utility delivery requirements, as documented by the Water Division dedication form and complied with the conditions thereof. This contingency water is comprised of water used for community health and safety purposes, such as firefighting and fire hydrant testing, water used in production for flushing of water distribution and sewer lines, and also results from meter errors, line leaks, and losses from water main breaks.

(2)

Based on the approved water budget for a development project, the applicant shall obtain water through either the water rights transfer program (Section 25-12 SFCC 1987) or the water conservation credits program (Section 25-11 SFCC 1987) to meet the development water budget according to the following criteria:

(a)

Applications for residential uses which have a development water budget equal to or greater than ten acre-feet per year shall obtain water through the water rights transfer program;

(b)

Applications for residential uses which have a development water budget less than ten acre-feet per year, designated as small development projects, shall obtain water through the water rights transfer program or the water conservation credit program or through a combination of both;

(c)

Applications for non-residential uses which have a development water budget equal to or greater than five acre-feet per year shall obtain water through the water rights transfer program;

(d)

Applications for non-residential uses which have a development water budget less than five acre-feet per year, designated as small development projects, shall obtain water though the water rights transfer program or the water conservation credit program or through a combination of both;

(e)

Applications with both residential and non-residential uses each in substantial amounts which have a development water budget equal to or greater than seven and one-half acre-feet per year shall obtain water through the water rights transfer program;

(f)

Applications with both residential and non-residential uses each in substantial amounts which have a development water budget less than seven and one-half acre-feet per year shall either obtain water through the water rights transfer program or the water conservation credit program or through a combination of both; and

(g)

Applications for qualifying projects within the Midtown LINC Overlay District as defined in Subsection 14-5.5(D)(4)(b) shall obtain water though the water rights transfer program or the water conservation credit program or through a combination of both. Water for qualifying projects obtained through the water conservation credit program shall be paid for at the rate of $12,000 per acre-foot.

(F)

Variances

Variances to the requirements set forth in Section 14-8.13 shall be heard by the governing body according to the procedures set forth in Section 14-3.16.

(G)

Appeals

Appeals of decisions of the city staff regarding Section 14-8.13 shall be heard as set forth in Section 14-3.17.

(Ord. No. 2011-37 § 11)

(A)

Short Title and Applicability

(1)

This Section 14-8.14 may be known as the "Impact Fee Ordinance".

(2)

The provisions of this Section 14-8.14 apply to all of the territory within the planning and platting jurisdiction of the city.

(B)

Intent

To respond to the increasing demand for capital improvements that are related to the actual impact of new development, the governing body deems essential the imposition of impact fees on new development within Santa Fe. It is the intent of the governing body to:

(1)

promote the health, safety and general welfare of the people of Santa Fe and accommodate orderly growth and development;

(2)

provide for the imposition and collection of an impact fee upon new development within Santa Fe to serve the demand for capital facilities and public improvements; and